Criminal reiteration in abbreviated procedure: evaluation based on case: 12283-2022-00744.

Abstract

This project focuses on an exhaustive legal analysis of the applicability of the abbreviated procedure in cases of criminal recidivism, with the purpose of proposing a reform to article 635 of the Organic Integral Penal Code. The research, of a qualitative nature, is based on previous precedents on the abbreviated procedure and recidivism. Hermeneutic-legal and historical-logical methods were used to analyze and describe the procedural records of case 12283-2022-00744. The results indicate the need to consider as a recidivist any person who commits criminal acts, preventing his access to the abbreviated procedure. We conclude that a reform proposal for article 635 is required, given the growing insecurity affecting citizens.