Análisis jurídico del procedimiento abreviado frente a las garantías del debido proceso

Abstract

The present titling work presents an important and controversial legal issue, such as "Legal Analysis of plea- bargaining of simplifying the progress ", which has made it possible to determine the unconstitutionality of the abbreviated procedure, the general objective that we have outlined. With the application of the abbreviated procedure, as it is conceived in our criminal legislation, some principles and constitutional and legal rights are violated that guarantee the due criminal process, as it is demonstrated with the legal and doctrinal analysis on this legal institution. To know the criteria of legal professionals, we conducted interviews with 5 prosecutors, 5 lawyers and 3 judges of criminal guarantees in the city of Loja. For the development of the present investigation the methods, deductive, inductive and comparative law were used. It can be concluded that the abbreviated procedure is frequently used, whose main requirement is the acceptance, on the part of the defendant, of the criminal act without the practice or value of proof of responsibility, openly violating the guarantees of due process