La desestimación y archivo de la denuncia en la indagación previa y su incidencia en la vulneración de los derechos del ofendido

Abstract

Abstract: The prosecutor has the Mission, direct the pre-trial investigation and criminal procedure. The purpose of this work is aimed to determine the advantage or disadvantage which is the application of the dismissal of the case in the Ecuadorian courts, it was considered conduct this research to determine to what degree, efficiency, promptness are applied the legal principles set out in the Constitution, and each involved meets the entrusted responsibility efficiency and determine causes and effects for the victim as for the accused. To achieve the objective a quasi-experimental research was done, we started from an already detected problem; and an analytical and reflective process of observation of facts practiced through surveys, interviews; the texts allowed to establish the conceptual framework. The objectives were met and became strong with pictures and graphics of the results obtained allowed in turn test the hypothesis. This made it possible to conclude that by and dismissal of the complaint, the overcrowding achievement procedures, causes dammed were purged and evacuated during the judicial emergency.