La víctima y persona procesada en el Procedimiento Abreviado

Abstract

The following research work contains a study about the reality of the defendant and the victim within the abbreviated procedure outlined in article 635 and also of the comprenhensive Organic Criminal Code. The investigation focuses on determining if any of the guarantees that assist the procedural parts (or parties), may or may not be violated during the substantiation of this special procedure.

The present work is developed in three stages in chapters that include the respective themes: The Presumption of Innocence in the Abbreviated Procedure, The Victim in the Abbreviated Procedure; and, The Abbreviated Procedure, in the city of Cuenca.

The conclusion reached is that this special procedure directly violates the right of presumption of innocence of the defendant as the proposal is made by the prosecution, and as it is accepted by the defendant, the guarantee of no self-incrimination is indirectly violated. Regarding the right to full reparation in favor of the victim, it was determined that this guarantee is not violated.