El procedimiento abreviado en el Ecuador vulnera el principio de inocencia establecido en la constitución de la República

Abstract

Abstract: The present research work on the abbreviated procedure indicates that "Shortening the action of those offended by the commission of a crime in search of reparation of the damage, reducing the controversy to a negotiation between the offender and the offended" (Aguiar, 2016 ) But we have to remember that the presumption of innocence is the right of every person not to be considered guilty as long as it is not declared so with a reasoned sentence, produced after a trial and before an impartial judge, making it clear that it is violated the principle of innocence established in the Constitution of the Republic of Ecuador, Article 76, numeral 2. "The innocence of every person will be presumed, and will be treated as such, as long as their responsibility is not declared by a final resolution or final judgment". of innocence is not a simple principle of interpretation or a rule of evidence, but a right with practical significance throughout the criminal process that guaranteed to special protection for people accused of a crime. Therefore, as the right of the accused person, the effective respect and exercise of the presumption of innocence goes beyond truth and justice. (Sigcha, 2009). The presumption of innocence is a primary principle of Criminal Procedure Law that warns of jurisdictional action as an evidentiary rule and is also a fundamental element of the right to a fair trial The presumption of innocence is destroyed not only by an enforceable sentence that declares the guilt of the accused, but also, when a preventive detention order is issued against the accused.