Análisis de la prescripción del ejercicio de la acción penal en el marco jurídico ecuatoriano

Abstract

This scientific article is focused on criminal action, as a regulatory channel for state ius puniendi, same as in countries governed by the rule of law, it must be limited by clear legal institutions that promote respect for guarantees and human rights. The legal systems provide for the prescription in a majority of crimes, except those that the legislator understands seriously injures society and deserves to be imprescriptible. In response to what has been raised, the doctrine has analyzed the importance of this action being exercised by a body other than the judging body as well as the need to limit it in favor of the citizens' guarantees, by means of its prescription. For the writing of this research, exegetical and comparative methods were used, which allowed us to analyze the Ecuadorian criminal procedural regulation and its relationship with the postulates proposed by the doctrine on the issue of prescription of criminal action. It is concluded that the exercise of criminal action has gone from justice by own hand to an impartial justice, where the prescription of the criminal action serves as a counterweight to the aforementioned ius puniendi, as well as reinforcing the principles that sustain the rule of law.