Necesidad de una correcta imputación del grado de participación de los procesados a efectos de someterse a procedimientos especiales

Abstract

The present case that is going to analyze deals with people who incurred the crime of illicit trafficking of scheduled substances subject to inspection, typified in article 220, numeral 1, literal d, of the Ecuadorian integral organic penal code. The facts were raised on December 18, 2014 at 10:30 am, when personnel from the Ports and Airports Information Unit conducted a normal anti-narcotics inspection, proceeding to open a container, with yellow Hamburgsud Naviera seal, taking out the twenty pallets of the container which contained boxes of banana and when carrying out the inspection with the help of the can, he gave an alert in the six pallets that were in the final part of the container next to the internal cooling panels, given this the staff In charge of the inspection, he proceeded to open the pallets, finding in the boxes containing banana several packages in green plastic bags, giving a total of 3819 brick-shaped rectangular packages, which contain a whitish substance. The main objective of the present investigation is to determine if in the criminal proceeding against Carmen García García and others, the prosecution made a correct imputation to the defendants according to their participation in the crime. It should be noted that the three people sentenced as accomplices, the prosecution always accused them from the beginning of being the authors of the aforementioned crime, therefore with this action these people could not be subject to special procedures, and thus have obtained a lighter penalty for the crime committed. The incorrect accusation made by the prosecutor in the present case, caused Mr. Holger not to be able to avail himself of the abbreviated procedure with which he would have obtained a lesser punishment than that imposed by the court in the ordinary proceeding Cases like the one studied, show us that the prosecutor is not applying the principle of objectivity, and more is based on the evidence of charge and does not assess the evidence of discharge, being able to avoid an unfavorable sanction for the defendant. That is why it is important that the prosecutor makes an appropriate accusation in each case that comes to his knowledge, this would avoid a congestion in the judicial system, also would minimize time and money for procedural subjects, and thus in this way there would be speed and effectiveness in the legal way. According to the case under study we raised the following issue: need for a correct imputation of the degree of participation of the accused in order to submit to special procedures, all with the purpose of determining whether the prosecutor made a correct imputation to the Holger defendant. To demonstrate the foregoing, interviews were conducted with four lawyers specializing in criminal law, who were able to state that an improper imputation made by the prosecutor, would result in defendant's defencelessness, therefore it would not count on a solid and appropriate defense. to the degree of participation within a specific crime.