La aplicabilidad de la suspensión condicional de la pena tras acogerse al procedimiento penal especial abreviado en la legislación ecuatoriana

Abstract

The Abbreviated Procedure as one of the special procedures, brings with it a series of rules in order to achieve an agile and rapid administration of justice in accordance with the constitutional mandates, and, the Conditional Suspension of the Penalty allows to extinguish the sentence to privative penalty of freedom, following the fulfillment of a series of conditions imposed under surveillance for a certain period of time; They are recognized and regulated in the Organic Integral Criminal Code that entered into force since August 10, 2014. Considered in Ecuador, as the legal figures or institutions that charge the most for the objectives pursued in Ecuadorian Criminal Law, figures that, having their respective regulations, they must operate only under the legal budgets that the Integral Criminal Organic Code brings. The National Court of Justice by means of Resolution No. 02-2016, which remains in force until this date, does not allow the Conditional Suspension of the Penalty to be applied in the sentence of sentence to imprisonment arising from the Abbreviated Procedure. Based on this, the investigation that is proposed has as a fundamental objective to analyze in support of laws, doctrine, jurisprudence, comparative law and surveys of lawyers in free professional practice, prosecutors and judges of both the criminal judicial unit and the court of criminal guarantees, on the violation of the constitutional rights of: due process, legal certainty and criminal principles of: legality and favorability according to the interpretative method of the pro homine principle, for the non-permissibility of applying the Conditional Suspension of the Penalty in the sentence of sentence to deprivation of liberty from the Abbreviated Procedure, legitimizing the approach of an evaluative criticism of the possible elements that should be considered in order not to accept what was resolved by the National Court of Justice in Resolution No. 02-2016 and I can declare its unconstitutionality.