Mental models in the study of the flagrancy qualification hearing.

Abstract

In the Ecuadorian system, flagrante delicto hearings constitute a fundamental step in criminal procedure, since respect for due process, rights and principles is considered. The main objective of the investigation is to analyze the possible causes of the inappropriate development of flagrante delicto hearings. The hypothesis is that with the modeling of the appropriate procedure, an understanding of the process in accordance with the legislation will be achieved and thus avoid the violation of rights and principles in the judicial sphere and respect for due process. As a result, it was observed that the lack of training of some actors, especially of the procedural subjects and the judge, directly affects the occurrence of this phenomenon.