Relevancia de la acusación particular en el sistema procesal penal acusatorio

Abstract

In Ecuador, the private accusation is stipulated in the Comprehensive Organic Criminal Code (COIP) and includes the expression of will of the offended party to become a primary part of the criminal process and its ability to actively intervene in different stages. Precisely, this research presents the importance in the accusatory criminal procedural system of the private accusation; the accusation is the action and effect of attributing a crime, therefore, the private accusation refers to the victim, people who individually or collectively have suffered damages because of actions that violate the current criminal law (UN, 1985), accuses another individual of a crime. The accusatory criminal procedural system is developed orally and thus the victim can be heard by the judge. The importance of the private accusation lies in the effective reparation of the victim, respect for the human rights of both the victim and the accused, and compliance with the principles of equality. The analysis of the COIP, different legislative and international documents on Human Rights and a case analysis, will show the relevance of the private accusation within the legal system and the accusatory criminal procedure system; it is an opportunity for the victim to be heard and prevail within the criminal process, which represents a legal advance for the country.