Pertinencia de la incorporación de la excepción de improcedencia de la acción en el proceso penal ecuatoriano

Abstract

The Ecuadorian criminal process is developed under the adversarial accusatory system and the principle of orality in a fundamental way; It is structured in stages, each one with a clear objective, but, ultimately, the purpose of the process is nothing other than reaching the truth. The Prosecutor is the head of the criminal action, and in virtue of that, the Constitution and the law have granted him broad powers that allow him, on the one hand, to investigate and, on the other, to promote the process. His role, in turn, must be developed objectively; that is to say, not with the sole mission of accusing, but with that of ensuring that the truth receives procedurally what corresponds to it. In the present investigation, we have worked on an aspect that has to do with the limitations that the defendants have against the imputation of the prosecutor in the investigation stage, in which nothing can be done before the holder of the criminal action, since his imputation will be unquestionable, until the preparatory stage of the trial, at which point their rights or procedural expectations may have already been affected too much. The figure of the exception of inadmissibility of the action has been revised when the fact does not constitute a crime that, in Peruvian legislation, serves to challenge an undue imputation for a criminal type, determining its relevance in Ecuadorian legislation.