La falta del debido proceso en la operación encubierta tipificada en el código orgánico integral penal

Abstract

As a result of investigative work, it has managed to show that the institutions of Operation Covert, is of international concern and arises in the Ecuadorian criminal law field, the term of the new Code Integral Criminal, being the person executing "Agent Undercover" whose mission is to join the criminal organization with an alien identification in order to identify the perpetrators, accomplices and accessories organized illegal, and gather, gather information, items of evidence and useful evidence; Agent will use strategy to enter into the organization and act as a delinquent more to achieve his goal, so if in the exercise of his new role will have to commit a crime, because legally entitled, as it is exempt from civil and criminal liability. Faculties these that break the philosophy and implementation of the adversarial criminal justice system in force, since the Concealed, sometimes Agent becomes judge and jury, disrespecting the constitutional order established in our country, in terms of due process and the rights and guarantees Ecuadorian citizen.