Garantía de la presunción de inocencia en el procedimiento abreviado: Propuesta de prueba mínima obligatoria

Abstract

Abstract: This research analyzes the tension between the presumption of innocence and the abbreviated procedure within the Ecuadorian criminal system, identifying shortcomings in judicial practice particularly the absence of minimum evidentiary support for the defendant’s confession. A legal reform is proposed to require such evidence as necessary condition to validate the abbreviated procedure. The research was conducted in the city of Tulcán, Carchi province, through the analysis of 15 court rulings issued between 2021 and 2024. It follows a qualitative approach, with a descriptive and explanatory scope, and a legal-documentary design. Analytical and comparative methods were applied, using techniques such as bibliographic review, content analysis, and case studies. Documentary forms were employed to organize and systematize the data. The findings reveal that current application of the abbreviated procedure, without complementary evidence, violates fundamental rights and principles of due process. In conclusion, it is essential to incorporate a minimum amount of additional evidence beyond the defendant’s confession in order to ensure the legality and legitimacy of judicial decisions, thereby upholding constitutional rights within the framework of the rule of law.