Browsing by Author "Chicaiza Cali, Alexandra Monserrath"

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    El ejercicio de la acción penal pública y los derechos de la víctima en el proceso penal ecuatoriano”
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22) Chicaiza Cali, Alexandra Monserrath; Ramiro Tite, Segundo
    This research paper analyzes the role of the prosecutor as the holder of the public criminal action, in accordance with the law, as they are the competent authority to exercise this action. However, the decisions made by the prosecutor regarding case dismissals, abstentions, and the application of the principle of opportunity affect the victim's interest in comprehensive reparations, the pursuit of justice and truth, and effective judicial protection. Despite legal advances regarding victims' rights, in practice, the prosecution's actions leave victims defenseless. This is evident in judicial practice in cases affecting restorative justice in our country. This problem arises from the lack of criteria to protect victims' rights in the face of procedural decisions such as the dismissal of investigations and the incorrect formulation of charges. This generates the need to analyze the prosecutor's role in public criminal action and the impact of these actions on victims' rights in reality, based on judicial cases. For this research, a qualitative methodology was employed, along with descriptive, analytical, and exploratory research levels. These methods allowed for the identification of the causes and consequences of the problem. Additionally, interviews were conducted with members of the judicial system, including judges, prosecutors, and practicing lawyers, who shared their perspectives on the issue based on their individual experiences. Regarding the review of the exercise of public criminal action and the rights of victims in the Ecuadorian criminal process, the following conclusion was reached: The Public Prosecutor's Office, representing the State, is the sole entity authorized to exercise criminal action, as established in Article 195 of the Constitution, which grants it procedural autonomy. However, the Public Prosecutor's Office does not efficiently fulfill the role entrusted to it in the Constitution, and the rights of victims are disregarded, violating their enshrined rights. The limitations and shortcomings in the exercise of public prosecution affect the effective guarantee of victims' rights in the Ecuadorian criminal process. These limitations are reflected in insufficient comprehensive reparations and vulnerability to procedural decisions, despite existing legal advances. It is important to consider that the prosecutor's participation has been affected by factors such as corruption, politics, and lack of training, among others, leaving victims completely defenseless.