Vulneración de los derechos de la víctima en los procedimientos especiales del COIP

Abstract

Abstract: Since the entry into force of the Comprehensive Organic Criminal Code (COIP), the Ecuadorian criminal justice system has incorporated a series of differentiated procedural mechanisms aimed at optimizing the speed of the administration of justice. Within this framework are contemplated mechanisms such as the abbreviated procedure, the direct procedure, the expedited procedure, the private exercise of criminal action, as well as the unified, special, and expedited procedure for the prosecution of crimes of violence against women or members of the family unit, incorporated through the 2019 reform. However, its implementation has generated various questions from a constitutional perspective, especially in relation to the guarantee of effective judicial protection, respect for due process, and the safeguarding of the rights of those who hold the status of victims. In this context, this research aims to critically examine the potential impact on the rights of the victim resulting from the application of the special procedures contemplated in the Comprehensive Organic Criminal Code (COIP), from a constitutional and conventional perspective. To this end, a qualitative and dogmatic legal study was developed, based on the analysis of current constitutional and legal regulations, a review of specialized doctrine, and an examination of relevant national and international jurisprudence. The results obtained allow us to identify that a strict application of these mechanisms, particularly those that are carried out in a single hearing or present a high degree of procedural concentration, is problematic. Consequently, it is concluded that it is necessary to adopt a constitutional interpretation of the special procedures provided for in the COIP, one that reconciles procedural efficiency with the effective protection of the victim's rights.