El principio de presunción de inocencia ante la aplicación del procedimiento abreviado en el sistema penal ecuatoriano

Abstract

This research article carries out a substantial analysis of the abbreviated procedure in the Ecuadorian legislation, with strict observance of the Constitution of the Republic, the Comprehensive Organic Criminal Code, and the investigation of a series of theories about the presumption of innocence principle or also called as a legal status of innocence against the use and application of the procedure described above in criminal proceedings in Ecuador. Such is the case that the aforementioned procedure has the purpose of simplifying the procedural stages in a single hearing, once the defendant has accepted being guilty of the punishable act that he is accused of. So, at this point, certain rights, principles and constitutional guarantees that are considered violated at the time of applying the procedure come into direct influence, such as the right to defense, the principle of presumption of innocence, the principle of due process, and the guarantee of effective judicial protection, consequently a series of legal and social conflicts is provoked, due to the fact that the application of the aforementioned procedure since its origins has been generating multiple debates, in which the vast majority conclude that it is a procedure that Briefly responds to the inquisitive penal system.