El derecho a la defensa en el procedimiento expedito para la contravención contra la mujer y miembros del núcleo familiar

Abstract

With the promulgation of the COIP, under the premise of rapid justice, the prevailing policy in Ecuador, new procedures have been implemented, in addition to the ordinary, the direct procedure, the abbreviated procedure; and, the expedited object of analysis in the present investigation; the first two are applicable in the case of crimes, while the last is applicable for contraventions. The main objective of this research is to detect the right to defense in violations of violence against women and members of the family nucleus, for which a bibliography of the topic has been analyzed, in which I have been able to determine criteria in which the right to defense, the principle of orality, contradiction and immediacy are important without leaving aside the other principles within a criminal process. Likewise, interviews have been carried out with honest professionals, who, due to the position they occupy, have high expertise in the matter raised; having gathered these criteria, it has been possible to understand that in this type of procedure that are regulated by the COIP, the difference is established in contraventions against women and members of the family nucleus of flagrant and non-flagrant nature; that is, in the announced test and at the time of its execution. As well as the criterion that in the procedure specifically that of violence against women, they must be executed through a principle of justice, something that is opposed to the criteria of some interviewed judges to the prevalence of a criminal policy that seeks to prevail over the victim for his condition of vulnerability and finally it is clearly established within the analysis of the investigation that the constitutional parameter of appearance to the support of the expert report is mandatory in all criminal action, in accordance with the provisions of Article 76, numeral 7, literal j, in accordance with the provisions of Article 505 of the COIP, when there is a contrary rule established in rule 15 of Article 643 of the COIP, which states the prohibition of attending to give testimony in audience professionals who work in the technical offices of the courts of violence against women and the family, said reports will only be incorporated into the process and will be valued in the hearing; reason why this provision violates the constitutional norm, the right to defense, the principle of immediacy and directly to the principle of contradiction.