El procedimiento abreviado y la prohibición de autoincriminación, desde una visión constitucional

Abstract

Title VIII of the Comprehensive Organic Criminal Code provides for the so-called special procedures, which have been incorporated into the Ecuadorian criminal system in order to provide an efficient administration of justice, to guarantee the agile solution of the causes that do not represent greater danger for public order and society, in order to protect the rights and legal security of the victim. Chapter within which we find the abbreviated procedure, which has as its main characteristic that the person prosecuted accepts his responsibility for the punishable act, and thus its sanction is mitigated, a circumstance that clearly violates the principle of prohibition of self-incrimination enshrined in article 5, numeral 8 of the pre-named normative body and in article 77, numeral 7, literal c, of the Constitution of the Republic. Procedure that is currently being fully applied in the domestic legal system in an unconstitutional manner, generating the direct violation of several rights of which every person is clothed during the substantiation of a criminal proceeding.