El principio de la objetividad fiscal en la etapa pre-procesal

Abstract

The principle of fiscal objectivity in the pre-trial stage constitutes an optimization mandate that is of the utmost importance for the criminal process, as it guarantees compliance with the rights of the person under investigation and of the victims. The modern accusatory system requires the prosecutor to act impartially, objectively, adjusted to the reality of the elements obtained during the preliminary investigation, and imposes the obligation to incorporate into the process both the elements against the investigated party and those that are in his favor. In addition to the fact that ethical behavior and a sense of justice are required of the prosecutor. The objective of this paper is to analyze the role played by compliance with the principle of objectivity and its importance, in charge of the prosecutor in the pre-trial stage in Ecuador. Methods of the Social Sciences are used, such as the historical-logical, the analysis-synthesis, or particularly legal, such as the exegetical; in terms of techniques, documentary review. As results, a theoretical systematization is obtained about the principle of fiscal objectivity in the Ecuadorian pre-procedural stage, as well as practical manifestations in Ecuador.