Nuevos criterios de Fiscalía sobre terrorismo y garantías del debido proceso

Abstract

Abstract: This research aimed to analyze the new criteria adopted by the State Attorney General's Office regarding the application of the crime of terrorism and their impact on respect for due process guarantees within the Ecuadorian penal system during the 2023 2025 period. To this end, a qualitative legal study was conducted, grounded in an analysis of current criminal and constitutional regulations, institutional documents from the State Attorney General's Office, specialized legal doctrine, and jurisprudence from the Constitutional Court of Ecuador. The results demonstrate that the use of expansive criteria in classifying the crime of terrorism can create tensions with fundamental due process principles particularly regarding legality, the presumption of innocence, proportionality, and the right to a defense. Furthermore, the study identified that the broad interpretative scope of the criminal offense and the context of strengthening security policies directly influence prosecutorial actions. The study provides analytical insights that contribute to strengthening legal certainty and promoting an application of criminal law that aligns with current constitutional standards.