Importancia de una correcta aplicación del principio Iura Novit Curia en la etapa del juicio penal

Abstract

The present investigation has been developed seeking as its main objective to determine if the norms of the Ecuadorian criminal legal system correctly regulate the imperative duty of the judge to apply the iura novit curia principle, in the criminal trial stage. For this, the powers of the prosecutor in criminal proceedings and mainly in the trial have been exposed in a descriptive and critical way, confronting it with the powers that the Judge has, especially at the time of resolving his sentence. In development, it has been shown that, although the prosecutor has control of the process in regard to the imputation of a criminal type, and of directing and promoting the accusation in the trial, finally his power is not absolute when the The judge correctly applies the legal norm applicable to the specific case, which even empowers him to improve the legal situation of the defendant and change the criminal type of the accusation for a different one that contains less punitive burden. It was demonstrated that the criminal judge has a supra responsibility regarding the correct application of the law, since this power allows him to establish himself as a true guarantor of rights.