Solicitud de procedimiento abreviado en la etapa de juicio del proceso penal

Abstract

The abbreviated procedure is one of the procedures establishes for in the Comprehensive Criminal Organic Code, which according to the rules for its origin can be presented from the hearing of the formulation of charges to the evaluation hearing and preparatory trial. For its part, the Organic Code of Judicial Function in its art. 221.2 grants to the judges of the Criminal Courts the competence to substantiate and to solve abbreviated procedures, that is, in stage of trial, which confronts with the referred norm of the Integrated Integral Criminal Code. Faced with this regulatory conflict, it is necessary to seek an adequate legal solution in the light of constitutional principles. In the present investigation an analysis of the norms in contraposition is realized and a search is sought to obtain a response taking into account mainly the application of the Constitution of the Republic of Ecuador, specifically the principle of favorability as one of the guarantees of due process.