Inadmissibility in the application of the Direct Procedure, in relation to the system established in the Ecuadorian Penal regulations.

Abstract

There is no doubt that within the criminal process it deals with the resolution of conflicts, therefore, the effectiveness of all procedures and the correct application of the principles and fundamental rights of the individual governed within the legal system are sought. In effect, this research aims to demonstrate how the application of direct procedure in flagrant crimes violates rights established in the Magna Carta, such as the right to the defense of the accused and in turn to be judged impartially by the administrators of justice, who They must necessarily act in accordance with the penal system established in Ecuadorian regulations.

Now, within the criminal procedural field, the so-called special procedures are established, including the one established in article 640 of our Comprehensive Organic Criminal Code, which establishes the concentration of all the stages of the process in a single hearing, this in turn, it is regulated by the same regulations and based on the principles that govern criminal law, due to which it is important to highlight the existence of violations of the right to defense, because as indicated in the article at hand, The same judge who classifies the crime as flagrante delicto is the same investigating judge who must resolve the case by issuing a sentence, having already contaminated the actions that give rise to the procedure, consequently the principle of impartiality is being violated, also taking into account that With the entry into force of the COIP on August 10, 2014, the Ecuadorian criminal law governs the Adversarial System, leaving aside the intervention of the judge called the inquisitor.