Vulneración de la autonomía de la voluntad en la aceptación del hecho fáctico, dentro del procedimiento abreviado en Ecuador.

Abstract

The research focuses on analyzing the possible violation of the autonomy of will in the acceptance of factual circumstances within the abbreviated procedure in Ecuador. This is because the application of this particular procedure transgresses the principle of the prohibition against self-incrimination established in the Constitution of the Republic, International Human Rights Instruments, and the Comprehensive Organic Criminal Code (COIP for its Spanish abbreviation). It has generated debates in the social and legal realms. The impact of the abbreviated procedure in criminal legislation has led to its excessive use in Ecuadorian justice, resulting in many cases where the accused is compelled to confess guilt. Furthermore, it has been noted that its use serves to alleviate court congestion, reduce the number of prisoners without a sentence, and enhance the efficiency of the administration of justice. However, in a constitutional state of rights and justice, these measures are not sufficient. Therefore, reforms to the regulation of the abbreviated procedure in the COIP are necessary.