Direct Procedure and its Vicissitudes in Judicial Practice

Abstract

The purpose of this research is the study and in-depth analysis of the legal institution of the direct procedure replaced by the Reformatory Law to the Organic Comprehensive Criminal Code Official Registry No. 107 of December 24, 2019, in which new procedural rules are established, in respect to what is implemented by the Constitution and the International Instruments on due process, this investigation is focused on numeral 7, first paragraph of article 640 of the COIP, given that the judges of penal guarantees of the Portoviejo Canton do not abide by said legal provision and develop partially the stage of evaluation and trial preparation, without dealing with the elements of conviction on which the prosecutor's accusation is based, nor is it about the exclusion of illegal or impertinent evidence, within the context of legal dogmatics leading to the violation of the due process, compliance with the rules and the rights of the parties, legal certainty ica, we will examine at least 27 direct procedure sentences in the years 2021-2022 up to the present date of the investigation, we will develop the introduction of application of good practices by public servants with the purpose that justice operators carry out a good development in the direct procedure.