El Acervo probatorio y legalidad en procedimiento abreviado del COIP : reforma garantista.

Abstract

This research falls within the field of Procedural Criminal Law and critically analyzes the abbreviated procedure established in Article 635 of the Comprehensive Organic Criminal Code (COIP), from the perspective of the principle of legality and the presumption of innocence. The scientific problem addressed lies in the possibility of issuing a conviction based solely on the defendant’s self-incrimination, without requiring prior evidentiary support to objectively substantiate the prosecutor’s accusation. This situation poses a risk to due process and to the legality control that must be exercised by the criminal judge. The novelty of this study lies in proposing a legal reform that expressly incorporates the requirement of a minimum and sufficient body of evidence in the abbreviated procedure, taking into account constitutional standards, national and international case law, and comparative experiences from other criminal systems that require prior evidence even in simplified proceedings. The first chapter analyzes the main aspects of the abbreviated procedure, in accordance with the constitutional principles that underpin it, highlighting the relevance of the evidentiary body as the central axis of this research. The second chapter provides a critical assessment of Article 635 of the COIP, identifying regulatory gaps and, based on this analysis, proposing a reform.