Mediatización de la justicia penal y su afectación al derecho de presunción de inocencia

Abstract

This research work addresses the study of the right of presumption of innocence and the influence that exists with it, in front of the media trials product of the mediatization of criminal justice in Ecuador, so it will be understood that in the proper functioning of the judiciary is required, to ensure this right of innocence, previously have to comply with certain circumstances. Therefore, the need to study the judicial independence, impartiality and objectivity that the judge must have and as for the procedural parties, that they have to act with good faith and procedural loyalty, with this, what is intended is to ensure that a fair process is carried out, with an impartial judge and that the presumption of innocence is guaranteed to the fullest. Understanding these conceptualizations in the investigation, it has to be understood that within this there is a problem, which arises from the media judgments that are made, it has been taken into account that the person has the right to receive and communicate information, but as a result of the criminal mediatization what the media do is only to provide biased information, so that through it, authentic value judgments are generated. It is, therefore; that for the end of the present investigation a concrete case is studied, with the purpose of verifying what we have manifested, in which it is demonstrated that product of the mediatization of criminal justice.