Determinación de los terminos: Sujetos procesales y partes procesales en el Código Orgánico Integral penal

Abstract

This research work was carried out due to the notable confusion between the terms Procedural Subjects and Procedural Parties in the current Comprehensive Organic Criminal Code, an issue that has not been given due importance or study, the problem arises from the hand with the Appearance of the first criminal law in Ecuador, this is in the year 1837 and has lived with this problem until today, which becomes the wrong transition of the criminal law with an error that can be corrected in time, thereby avoiding confusion at the time of issuing rulings, sentences, providences even at the time of obtaining jurisprudence to impart it in chair to the students of Law in the different Center of Higher Education. For the development of this investigation, the Comprehensive Organic Criminal Code was analyzed and compared with measures and criminal resolutions issued and collected in the Latacunga city, so that the terminological error of which the current Ecuadorian criminal system is a victim could be recorded. Article 439 of the current Comprehensive Organic Criminal Code mentions the few subjects of a criminal proceeding, leaving a void in relation to the rest of the procedural subjects, also does not mention in any article the procedural parties and their attributions, to the point that the current Ecuadorian legislation tends to use these 2 terms as equivocally as synonyms within a criminal process, both judges and prosecutors, lawyers, society itself; perpetuating this problem