Unconstitutionality of the abbreviated procedure in Ecuador.

Abstract

The abbreviated procedure in the Ecuadorian criminal procedure system, in order to simplify the process, guaranteeing the procedural economy and the punishment of the crime; as conceived, it violates some constitutional rights, especially the rights of the person processed. The objective of this work is to demonstrate the unconstitutionality of said procedure, through a detailed analysis of the constitutional and legal norms; in addition to a doctrinal and jurisprudential analysis on the subject and the pronouncement of some international instruments that protect human rights. The abbreviated procedure is vitiated by serious irregularities of a constitutional and legal order and is insufficient to decongest the administration of justice without violating criminal guarantee.