Vulneración del debido proceso en el procedimiento penal abreviado

Abstract

With the objective of analyzing the vulnerability of the principle of due process in the Ecuadorian abbreviated criminal procedure, a descriptive research of a bibliographic review type was developed with a qualitative approach, based on the methods: historical-logical, documentary, exegetical and analytical-synthetic. Among the main findings found are: limitation of the faculty of the defendant to accept said procedure until the evaluation and preparatory hearing of the trial; non-observance of the right to non-self-incrimination, violation of the presumption of innocence that imposes the burden of proving guilt to the accused and ignores the guarantees of mandatory prosecution and criminal action; In addition, the principle of procedural immediacy is breached.