Vulnerabilidad al principio de oralidad al aplicar lo previsto en el Art.643, numeral 15 del Código Orgánico Integral Penal.

Abstract

The implementation of the oral procedure, especially in criminal system area, has led the introduction of important changes in its execution, and nowadays it establishes a historical leap that brought a set of expectations derived from the new theories incorporated in its exercise, which are summarized in : celerity, concentration, publicity, procedural economy, immediacy, with all of these main factors would be possible to guarantee the rights of individuals, through the implementation and mediation of a fast and legal service that makes possible a clear process. Apparently, the beginning of orality with repairs by means carried on its assimilation; and the effort of various actors who are part from this “staging”, are working hard about reinforcing and preserving it from any attempt of vulneration; and even when the common citizen requests transparence and diligence in the indemnity and restitution of rights considered infringed. In fact, respect to pertinence there will always be a great variety of points of view that must be examined extensively, specially about oral procedure advantages, as well as the effects derived from its exercise, as well as rummaging in its essence and in the searching for the bases on which it is based. Now, the accent is placed on the vulneration of this principle, which is due to the application rule 15 of Article 643 of Integrated Criminal Code.