Browsing by Author "Wilson Richard, Albán Moncayo"

Filter results by typing the first few letters
Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    El procedimiento abreviado y su incidencia en el derecho a no autoincriminarse
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-08) Wilson Richard, Albán Moncayo; Tite, Ramiro
    With the present investigative work, we focus on treating the abbreviated procedure, its beginnings, its application, its antecedents, etc., here we give importance to how this special procedure was developed throughout Latin America and Ecuador, starting from the point that within of the criminal trial. There is a negotiation or agreement between the prosecutor and the accused, so that there is a penalty of less punishment, instead of the penalty established for crimes of up to 10 years, but what this thesis investigates deeply, is how this agreement between the parties can affect the right to not self-incriminate that all citizens who are subject to this criminal process have. For this we have seen the need to find the necessary mechanisms so that in our criminal legislation or in our Organic Comprehensive Criminal Code, the corresponding reforms are made where the application of this procedure is stipulated in a positive manner. Always in every state, the constitution or constitution is the one that governs the legal rights of a society, for this purpose we review the criminal process in Mexico, and in Argentina, we also review how criminal trials or criminal trials were applied in our country. old organic code of criminal procedure and in our penal code. Here as we could observe the one who had absolute force of application of the law was the Judge, who followed, inquired, persecuted. And sanctioned, that is, it was an inquisitive application of justice, which for certain authors did not give the desired result in the pursuit of justice. Well now that we are in the abbreviated procedure, we can say that as a result of its application gives us the impression that the prosecutor. It does not fully comply with its work and obligation to investigate, scrutinize, investigate the fact fact, which in the long run will be the basis of what is to discover the commission of the offense and the responsibility of the accused. In all stages of criminal proceedings we see how each of the parties have a fundamental role, the role of the prosecutor is simplified, when it enters into an agreement with the accused that many times it turns out to be innocent, but that was submitted to the procedure by the simple reason to save time and money, which is precisely what this procedure pursues. When asking the procedural subjects of such procedure, such as judges and lawyers, we are surprised that the great majority thinks that this procedure should be reformed and suppressed, for the reason that it breaks with the right not to incriminate oneself and with the Presumption of innocence. That is why the proposals we present, are focused on the reform of this criminal process, so that later justice is considered as such, and as several authors tell us, give each one what is his due