El derecho a la defensa en el procedimiento directo en el Código Orgánico Integral Penal

Abstract

Within the special procedures is the direct procedure within the Comprehensive Penal Code, it is carried out violating fundamental principles as a principle of procedural equality, when the direct procedure is applied in flagrant crimes. In order to know in depth, the direct procedure, they will explain what the special procedures consist of, and also explain the concept and the conditions by which it is carried out. Just as the advantages and disadvantages of the direct procedure must be explained, and within these aspects which of them should be corrected, the causes for which the parties are affected by the direct procedure, the procedural subjects, with emphasis on the processing. It is also part of the criterion of constitutionality on the right to due process, in which the parties can offer sufficient evidence to enable them to defend themselves and strengthen their position, a matter that is framed within the principle of contradiction, and in which, when the direct procedure is applied, time limits the right to defense, which contradicts the principle of equality.