Maestría en Derecho Penal y Procesal Penal
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Item El procedimiento abreviado en el Ecuador y su aplicación en todos los delitos de acción pública(Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho penal y procesal penal, 2020-03) Mera Naranjo, Andrea Belén; Segovia Dueñas, José LuisThe present investigation adjusts to the importance of the application of the abbreviated procedure in all the crimes of the public exercise of the criminal action within the Ecuadorian legislation, since its execution allows the principles of speed, procedural economy, minimum criminal intervention, concentration , among others, are used in an appropriate manner, with the purpose that the State, through the administration of justice, issue resolutions and sentences more efficiently and quickly; At the same time, the direct beneficiaries are the persons prosecuted who, by requiring this procedure, will obtain a less rigorous penalty than they could obtain in an ordinary trial, and the state benefits through the administration of justice, the victims and the society usually. In addition, the study focuses on the use of the principle of proportionality, this in order that not all crimes apply the penalty currently provided in the comprehensive criminal organic code, this is one third of the minimum for each criminal type , but, according to the seriousness of the crime committed, as well as the mitigating and aggravating circumstances of the crime, that is, in crimes considered serious and shocking, a penalty of one to two thirds of the maximum penalty provided for that criminal type and in cases where a crime considered not serious and where there are no aggravating factors but rather mitigating ones, has been committed, the penalty to be applied should be the one currently provided, thus considering not only the right of prosecution but also of the victim of the crime who will also have to be fully repaired proportionally to the crime committed. The investigation embarks on the analysis of several legislations in which the abbreviated procedure is currently used, which contributes to the effective understanding of this precept, in addition the jurisprudential dimension of the justice, the principles and sources that contribute to the Justice administration. Keywords: