El juzgamiento en ausencia del querellado y su relación con el derecho a la defensa

Abstract

This paper conducts a study on violating the right to defense due to the trial in the defendant’s absence. It will address the complaint, private criminal action crimes and their procedure in the Organic Integral Criminal Code, the analysis of Constitutional Court Ruling No. 005-17-SCN-CC and its motivation, formal equality, and the right to defense recognized in the Constitution and international human rights instruments signed by the Ecuadorian State. It also reviews the historical background, the concept and meaning of the legal institution of the right to defense, the principles of constitutional justice, the rules and methods of constitutional interpretation, due process, the principle of equality, the right to a hearing, the configuration of the triangular relationship, the presumption of innocence and the principle of jurisdiction, and the need for conciliation between the alleged victim and the defendant to ensure a culture of peace.