Análisis jurídico de la eficacia del procedimiento abreviado en los delitos de tenencia de droga en el Cantón La Troncal, el primer trimestre del año 2023

Abstract

This study analyzes the effectiveness of the abbreviated procedure in the crime of illicit trafficking of controlled substances subject to auditing in La Troncal canton during the first quarter of 2023. The study aims to evaluate the abbreviated procedure in cases of illicit trafficking of controlled substances La Troncal canton, determining its influence on the guarantee of due process, protecting the fundamental rights of the defendant, the proportionality of the penalties imposed, and the system's capacity to handle the complexity of such cases. The study methodology is exploratory research that allows for the preliminary identification and understanding of key elements related to the application of the abbreviated procedure in the crime of illicit trafficking of controlled substances subject to audit. The choice of a qualitative approach justifies the need to explore and describe complex and contextualized phenomena in the legal sphere. The abbreviated procedure is regulated in Article 635 of the COIP (Organic Integral Criminal Code) and is among its main rules for application. It stipulates that the maximum custodial sentence will be ten years and that the abbreviated procedure will not be applied to crimes of kidnapping or sexual violence against women or any family member. One of the main characteristics of the abbreviated procedure is that the defendants voluntarily confess their guilt to the prosecutor so that the latter may negotiate the custodial sentence.