El procedimiento abreviado: el juzgador frente a los sujetos procesales

Abstract

The abbreviate procedure regulated in Ecuador from article 635 of the criminal code, has a characteristic the negotiation of a penalty eliminates the normal trial from which arises the need to understand if it allows the judge to guarantee the principles of a due process. We will study the origins of the abbreviate procedure its adaptation in our legislation, its regulation allows a judge to protect principles such as: Motivation, due process, prohibition of self-incrimination, elimination stages of a normal process, issuing a conviction, the admission in relation to how to disprove the presumption innocence. The methodology was qualitative approach, bibliographic analysis, interviews with judges, district attorneys, public defensor of Cuenca, about this procedure and the analysis of cases show that the law limit the judge, it doesn’t allow him to have a conviction beyond all reasonable doubt, the judge doesn’t analyze any element, he only accepts a penalty that has been negotiated and them goes against of principle motivation, prohibition of selfincrimination. It is suggested that it should be applied after there is an order to initiate a trial where the elements are legal evidence and constitutional, they will serve the judge for the analysis and that way the confession won’t be the basis of a veridical or judicial ruling, a study about the relation with the recurrence and this procedure