Salidas Alternativas a la Solución del Conflicto Penal en nuestra Legislación

Abstract

It was conducted a study of the principle of opportunity, alternative solutions and special procedures as alternatives to criminal conflict exits, mechanisms for rapid and effective resolution of cases instituted by misdemeanors. Sampling was done based on statistics of its application in criminal proceedings of related courts in Quito, where it was determined that from 39,921 cases filed between January 1, 2011 and December 31, 2013, alternative outlets was applied in 550, equivalent to 1.5% of all cases filed. In 5% of the 550 cases the opportunity principle was applied; repair agreements in 23%; summary proceedings in 43%; the simplified procedure in 3%; and the conditional suspension of proceedings in 26%, which conduced to establish that the number of pending cases to resolve has not diminished, but increased to a minimum rate of 3%. So, it is necessary that judges, prosecutors and defense lawyers get trained, implement or request the application of the outputs that are regulated in the new Integral Penal Code in order to achieve procedural decongestion, prioritizing repair of the victim and social reintegration of the prosecuted.