La presunción de inocencia en la fase preprocesal y procesal penal: Criterios de la Corte Constitucional del Ecuador

Abstract

Abstract: This research examines the criteria established by the Constitutional Court of Ecuador regarding the presumption of innocence during both the pre-trial and trial phases of criminal proceedings. It employs a qualitative methodology and various methods of legal interpretation including literal, systematic, and teleological approaches, as well as the balancing or proportionality test recognizing that this right serves as a safeguard against the State's punitive power. The analysis posits that the presumption of innocence should not be treated merely as a technical rule, but rather as a fundamental guarantee requiring that every individual be treated as innocent until a final, enforceable judgment is issued. The study focuses on the burden of proof which rests exclusively with the State, acting through the public prosecutor's office or a private accuser and on the evidentiary standards necessary to prevent miscarriages of justice. Finally, the research analyzes relevant case law, tracing the evolution of the Court's legal doctrine from the foundational ruling that established the precedent to the subsequent ruling that consolidated it.