El procedimiento abreviado y la garantía a la no autocriminación

Abstract

The Constitution of Ecuador of the year 2008, contains a series of guarantees among which is, the prohibition of self-incrimination, no one may be forced to testify against himself on matters that may cause his criminal responsibility, in accordance with this rule the Organic Comprehensive Criminal Code, establishes it as a procedural principle.

Basic constitutional guarantee and procedural principle that would be violated, in the application of abbreviated procedure, contemplated in the Integral Organic Penal Code, for what would entail the violation of due process, contemplated in our Constitution in article 169.

In this sense, the present research work on the Abbreviated Procedure and the Guarantee of Non-Self-incrimination aims to show if said procedure transgresses the aforementioned basic guarantee and procedural principle, the investigation will start from a doctrinal analysis from the first manifestations of this type of procedure, having as a fundamental basis the Roman Law. It is conceptualized as a new way of looking for quick, effective solutions to criminal conflicts arising from minor offenses, it introduces a criminal procedure different from the traditional one in our Ecuadorian criminal procedure system for crimes of public action.

To this end, an exhaustive bibliographic review was made of writers who masterfully analyzed this special procedure that constitutes an alternate departure from the ordinary or direct procedure in all crimes sanctioned with a penalty of imprisonment of up to ten years.