La implementación de medidas de protección en el ejercicio privado de la acción penal.

Abstract

This study begins by recognizing the private complainant as a victim role in which the individual assumes responsibility for driving the criminal prosecution. This creates a context of heightened vulnerability regarding their rights, particularly in cases involving offenses where the underlying dispute often stems from interpersonal conflict. A legislative omission exists within the Organic Comprehensive Penal Code (Comprehensive Organic Criminal Code) regarding the regulation of mechanisms to guarantee the protection of the private complainant's fundamental rights. Although the law provides for protective measures, the procedure for implementing them during the private exercise of criminal action remains unclear. This regulatory deficiency leads to concerning legal consequences for the person filing the complaint, creating a risk of re-victimization alongside the inherent stresses of criminal proceedings. Ultimately, while constitutional guarantees address victims' rights in a general and positive manner, there are instances where these protections prove insufficient when weighed against the strict legality and formalism of the statute. Consequently, there is a need to reform Article 520, numeral 1, of the Organic Comprehensive Penal Code to authorize the use of protective measures during the private exercise of criminal action.