El derecho a la defensa y el ejercicio privado de la acción penal

Abstract

The objective of this research work is to guarantee the right to the defence, under the principle of inmediation that contemplates the Integral Penal Code, because in the crimes of the private exercise of criminal action at the time of the hearing of Judgment shall not be suspended for lack of prosecuted; Because on the other hand if the victim is not found in the trial hearing is suspended. At the time of trial the defendant has the right to be heard by the judge, Regulations that are not being applied either because of ignorance or lack of a precautionary measure to appear from the defendant, the right to the defense of all Ecuadorian or foreign citizens is being violated whatever their gender, And as procedural parties both victim and prosecution must go to the hearing in order to be heard; And the defendant to know the charges that are imposed to him guaranteeing the procedural principles of the COIP and the rights of protection that emanates the constitution of Ecuador.