Del indulto presidencial y del indulto presidencial anticipado y garantías del debido proceso en el Ecuador.

Abstract

This paper will explore the topic of presidential pardons and early executive pardons. A pardon is a legal figure that must be applied strictly according to the law, meaning it applies to those who have been convicted by a final court sentence. It will also look at requirements such as humanitarian reasons, good behavior, among others. Similarly, it is worth noting that the early presidential pardon was approved through the Organic Law of National Solidarity and later, as a deferred pardon, in the Organic Law of Public Integrity. However, these laws were declared unconstitutional due to procedural flaws. It remains a relevant and important issue to analyze the impact and implications of a pardon that could undermine or violate constitutional rights, such as effective judicial protection, due process, and victims' rights, even more so if this is granted in advance, without prejudice to the fact that the extinction of the penalty remained deferred until the final judgment. Therefore, the relevant doctrine and regulations will be examined in order to cover the topic of constitutional and criminal law, since it implies that a person commits a criminal offense.