La vulneración del principio de inocencia y no autoincriminación en el procedimiento abreviado en la ciudad de Loja, en el periodo 2015 - 2018

Abstract

Abstract: The thesis aims to demonstrate the violation of the principle of innocence and non-self-incrimination in the abbreviated procedure, focusing on analyzing how these principles established in the Constitution of Ecuador and the Organic Comprehensive Criminal Code are violated when the Prosecutor's Office and the process reached an agreement in the application of this special procedure, for this, three judgments of the city of Loja in the period 2015-2018 are examined and surveys of legal professionals are carried out using the qualitative - quantitative method, for the elaboration of the theoretical framework the analytical - synthetic methods will be used for the compilation of the information and writing, in addition to the historical - logical method for the antecedents and its compilation. The violation of the principle of innocence and non-self-incrimination was established in the open procedure, through a negotiation of a reduced sentence, a change in self-incrimination and the pressure of being in preventive detention violating the principle of innocence, which cannot be proven by there is no discharge of evidence in a brief trial.