La actividad fiscal en la etapa de investigación previa, sus límites jurídicos, las omisiones recurrentes en su ejecución práctica y una propuesta de regulaciones.

Abstract

This research analyzes prosecutorial activity during the preliminary investigation stage within the Ecuadorian accusatory criminal justice system, with special emphasis on its constitutional and legal limits, as well as the omissions that may occur in its exercise. Based on a study of the Constitution of the Republic and the Comprehensive Organic Criminal Code, the principles of legality, objectivity, due process, and reasonable time are examined as parameters that condition the actions of the Public Prosecutor's Office. A qualitative approach is used, incorporating a review of recent legal doctrine and interviews with legal professionals. This allowed for the identification of problems related to investigative inactivity, insufficient justification of decisions, and the absence of effective traceability mechanisms. This leads to the formulation of a regulatory proposal that includes the incorporation of minimum standards of conduct in the preliminary investigation, the creation of a mandatory protocol, and the establishment of a control and traceability mechanism. The aim is to strengthen legal certainty, reduce excessive discretion, and consolidate the effective enforcement of procedural rights, without affecting the technical autonomy of the prosecutor or the effectiveness of the criminal justice system