El Procedimiento Abreviado en el Ecuador vulnera el principio de Inocencia establecido en la Constitución de la República

Abstract

The present investigation of the abbreviated procedure indicates that "To shorten the action of the offended ones by the commission of a crime in search of the reparation of the damage, reducing the controversy to a negotiation between the offender and the victim", But we must remember that the presumption of innocence is the right of every person not to be considered as guilty until he has declared it with a motivated sentence, produced after a trial and before an impartial judge, making it clear that Principle of innocence established in the Constitution of the Republic of Ecuador Art. 76 numeral 2. "The innocence of all persons shall be presumed and treated as such, until their responsibility is declared by means of a final decision or enforced sentence" The presumption of innocence is not a simple principle of interpretation or a probative rule, but a right with practical significance throughout the criminal process that guarantees special protection to persons accused of a crime. Therefore, as the right of the person imputed, the effective respect and exercise of the presumption of innocence goes beyond truth and justice.The presumption of innocence is a primordial principle of Criminal Procedural Law that warns the judicial action as a rule of evidence and is also a fundamental element of the right to a fair trial. The presumption of innocence is destroyed not only by an enforced sentence that declares the guilt of the accused, But also, when a pretrial detention order is issued against the accused.