Inaplicabilidad del principio de oportunidad en los casos de reincidencia e igualdad procesal como principio rector en el Procedimiento Penal Ecuatoriano

Abstract

This research work was based on the principie of opportunity and its inapplicability in the case of recurrence in the Ecuadorian legal system to provide sufficient reasons to justify that it does not violate the principie of procedural equality, which includes that all persons should enjoy the same rights and opportunities. In the first chapter, the importance of the principie of opportunity in the Ecuadorian legal system was addressed, understood as the power of the Prosecutor's Office as the body responsible for promoting the criminal action, not to continue with the criminal process because there is insufficient evidence, or the illegal act is not of greater amount. The second chapter explained recidivism and the importance of its regulation in legal systems, which allows imposing more serious sanctions or penalties when the unlawful acts have the same characteristics. In the third chapter, the inapplicability of the principie of opportunity in the case of recidivism was studied, since the subjects who have been subjected to previous proceedings and have concluded with an enforceable conviction, cannot be subjected to the principie of opportunity, because they have already had previous judicial proceedings; undoubtedly, this does not affect the principie of procedural equality.