Falencias en el procedimiento expedito en contravenciones contra la mujer o miembros del núcleo familiar.
In 2014, in our country, the Organic Integral Penal Code (COIP) came into force, which is directly linked to the provisions of the Constitution. In matters of criminal procedure, in accordance with Article 634 of the COIP, there are special procedures, among which are the procedure by private action...
| Autores: | , |
|---|---|
| Tipo de documento: | dissertação |
| Estado: | Versão publicada |
| Data de publicação: | 2022 |
| País: | Ecuador |
| Recursos: | Universidad de Otavalo |
| Repositório: | Repositorio Universidad de Otavalo |
| Idioma: | espanhol |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/810 |
| Acesso em linha: | http://repositorio.uotavalo.edu.ec/handle/52000/810 |
| Access Level: | Acceso aberto |
| Palavra-chave: | Derecho Penal Procedimiento expedito Defensa Seguridad Jurídica |
| Resumo: | In 2014, in our country, the Organic Integral Penal Code (COIP) came into force, which is directly linked to the provisions of the Constitution. In matters of criminal procedure, in accordance with Article 634 of the COIP, there are special procedures, among which are the procedure by private action, the abbreviated procedure, the direct procedure, and the expedited procedure. However, it can be seen that in the expedited proceedings there is a weakness with respect to the time given to the parties to exercise their right to defence. Despite the speed that the expedited procedure would be facilitating, it could imply a violation of due process that is contemplated at the constitutional level. In particular, with regard to the rights related to due process and judicial protection; by failing to provide sufficient time for the exercise of the right to a defence. The problem is that the denounced party is notified through the respective servers, but not personally. Obviously, this implies that notification cannot be made until the person to whom the complaint is addressed becomes aware of it. This, together with the limitation in time, may constitute a violation of the rights of due process and defense, presumption of innocence, legal certainty and effective judicial protection. The proposed research design is non-experimental, documentary and descriptive. Additionally, the interview will be used as a research tool. |
|---|