estudio dogmatico y juridico del juzgamiento en ausencia en los delitos de accion penal privada.

Abstract

This study analyzes the trial in absentia in private criminal action crimes in the Ecuadorian judicial system, focusing on judicial process No. 07252-2011-0055. This case, initiated by the complaint of Kevin Josué Campuzano against Gabriela Aguirre Orellana for alleged slander, raises questions about the rights of defense and constitutional guarantees. The complainant did not attend the final hearing, which led the judge to declare the complaint null and void. This event triggered a consultation with the Constitutional Court on the constitutionality of Article 373 of the repealed Code of Criminal Procedure. The unjustified absence of the complainant and the subsequent declaration of abandonment raise questions about the proportionality of the sanction and the protection of the rights of the parties involved. The purpose of the study is to analyze the legal and jurisprudential regulations on trial in absentia, identify the legal and practical implications of this procedure, and evaluate alternatives to improve the process, ensuring a balance between procedural efficiency and respect for fundamental rights. It is based on the principle of immediacy, which ensures a personal link between judges and parties, and on the protection of the rights of defense, contradiction and presumption of innocence, seeking impartial and equitable justice.