Estudio dogmático y jurídico de la imputación al tipo penal de delincuencia organizada y los derechos de los procesados.

Abstract

In the present titling work, the general objective proposed was to determine if in the process substantiated by the Court of Criminal Guarantees of El Oro, which sentenced Pedro Pérez Reina (name withheld), there was sufficient evidence to displace any reasonable doubt of his guilt. Through an in-depth study that involved defining the scope of the principle of reasonable doubt and the presumption of innocence by virtue of which the Court cannot convict a person unless it has succeeded in displacing or destroying all reasonable doubt of his guilt. Indeed, it was concluded that the defendant Pérez was affected by several fundamental rights during the process, since from his own expressions he was forced to claim responsibility due to pressure from the Prosecutor and elements of the Judicial Police that exposed him to a possible conviction with a penalty. very high if he did not accept the special procedure. There was no evidence for the court to have been really convinced of the defendant's responsibility, and neither does this evidence exist material in the Prosecutor's file, which allows us to state that the Court sentenced Pérez with the mere acceptance of responsibility. It was recommended that the defendant initiate the procedures aimed at obtaining reparation from the State.