Abbreviated Procedure In The Criminal Contour

Abbreviated procedure in the criminal contour

Introduction

The abbreviated procedure has a specific character in the criminal contour. This can be accepted from the position formulation hearing to the Evaluation and Trial Prepares Hearing;having as a requirement that the deprivation of liberty does not exceed ten years;The defendant must expressly consent to both the procedure as well as the fact that the technical defender must be certified that the defendant gave his approval voluntarily, without having violated his constitutional rights.

Developing

Accepted the petitoria and in the case of a flagrant infraction, it may be at the same hearing ruling the conviction to the defendant having to consummate the penalty, the same that for no reason may exceed the insinuated by the prosecutor. In the Organic Code of Judicial Function (COFJ) in art. 225, we can find who are competent in substantiating and resolving the abbreviated procedure, where judges and judges of criminal guarantees are mentioned by law.

We have been able to show in some cases between the apprehension of a person in flagrant crime until the pronouncement of the sentence, they spend few days, or it is very viable that only several hours occur. It is important to indicate that the criminal courts to substantiate and resolve them may also have competence in the abbreviated procedure, when they were proposed.

It is worth mentioning that the diversity of incriminated does not make it impossible to use this procedure, that is, in certain cases that contain several processed, it can happen, that a part of the acceptance of this procedure and the others prefer to demonstrate their innocence.

The purpose of this procedure is to reduce the deadlines, procedural speed, adjust in certain crimes and the procedural economy;With this we can see that a utilitarian system is prevail here by the administration of justice.

For Jorge Zavala Baquerizo, the abbreviated procedure is an inquirbenefit of a mitigated penalty.

According to Juan Antonio Garrido in his work, the abbreviated judgment defines it as a legal figure as the trial made to an accused where a penalty is imposed, for the commission of a criminal act, regardless of orality, thecontradiction, advertising and the production of evidence, prior to compliance between the Public Ministry and the accused.

In his brief about the abbreviated trial Ronald Salazar Murillo Manifesta is a special procedure, regulated in the Criminal Procedure Code through which the parties are empowered to vary the course of the ordinary procedure and take agreements on the facts and the penalty to be imposed, to resolve the cause regardless of the stage of the oral and public trial.

In summary of the perceptions pointed above, it can be finalized that this procedure is used to require the reduction of penalty and accept a benefit for them, although for this you have to spontaneously admit having committed the crime.

Abbreviated procedure characteristics

The following constitute characteristics of the procedure:

Restrictive action.- It is delimited to the crimes of public action is applied only in crimes with a lower degree of danger such as prison in prison that do not exceed ten years.

Zambrano Pasquel, Alfonso qualifies him as a guarantee, where the interests of the company would not be committed, since the lack of ethics of some authorities should not be ruled out, and with this system a legal certainty could be given.

Official.-We can mention that the abbreviated procedure has such an official particularity, in the regulations it manifests that it is the fiscal agent raises or exposed to the accused the way of using the abbreviated procedure, that together with the Public Ministry and the accused they require in an act to the LordJudge of Guarantees that knows the process, which institutes in this case the abbreviated procedure.

Zambrano Pasquel, Alfonso indicates that this peculiarity is due to the fact that the abbreviated procedure corresponds to the criminal law that is preferably official.

Active Processing Participation. The accused with his actions and his willingness to contribute to justice, is what we have as a basis for this procedure, here the accused must do in the first instance is to accept the responsibility of perpetrating the infraction, since with this the prosecutor takes itas a basis for being able to resolve on the abbreviated procedure, but it is the defendant who makes the decision to submit to the ordinary procedure or the abbreviated procedure.

I must externalize that the measures taken by the accused will be carried out jointly with his technical defender is the person who will recommend to the processing so that the decisions he makes do not affect or violate their constitutional guarantees.

Agile and efficient.- We can indicate that one of the peculiarities that this procedure has, is that it is fast and effective, here we can find a judicial route, based on an oral hearing where the defendant is heard by the judge of guarantees, prosecution and, the victim is also alsoListened, consecutively the opinion of the sentence is given, obtaining through it an excellent adjustment to certain procedural principles such as those of immediacy, orality, speed, concentration, contradiction and collaboration of the parties.

The aforementioned essential principles in which this procedural instrument rests will compose the subsequent interpretation due to the essential axes in which they are found.

The study procedure is intended that in a single judgment hearing to know and resolve, the facts in which the subject of litigation is and it is the prosecutor who attempts to impose a penalty towards the prosecuted with a deprivation of liberty, which does notexceed ten years.

Zambrano Pasquel, Alfonso alleges that without a doubt the abbreviated procedure is faster, more economical and efficient in the search for justice, even more so if we compare it to the ordinary penalty procedure, thus fulfilling one of the objectives of the procedural reform.

Let us take into account that the criminal increase of which Ecuadorian society is the victim, has involved that it is to reduce the processes as in the Prosecutor’s Office and in courts, which caused the abbreviated procedure to be taken into account, which in summary What is about obtaining with this, is that the process is agile, thus accessing the undeniable mistakes with a correlation to constitutional guarantees and principles, transforming into a difficulty of justice and sequelae for the Ecuadorian State, it is revealing to point out the system Oral, stating that the principles of our Supreme Standard containing all procedures: the administration of justice, will use article 168 numeral 6: the substantiation of processes in all subjects, instances, stages and proceedings will be carried out through the oral system, in accordance with the principles of concentration, contradiction and device, presently the procedural parts they perform the inquiry only with evidence based on the procedural tables of their exploration and unfortunately do not comply with the aforementioned principles.

We can see that in these procedures are not always fulfilled with the principles to which we have rights, since the actions have not been clearly verified, leaving a discernment of the parties in their development, demonstrating to observe the transgression of rights, guaranteesof these procedures. If constitutional, elementary procedures are violated, modifying the path to irrefutable, crystalline, equanimous, fair and imposing a penalty available to the proposal of the prosecutor.

This procedure model with its application is noted and ensuring that the principles of guarantees and due process are being violated, is that if there is the proof practiced or a forceful legal process, it comes to impute a sentence that conclusively violates the rights of theAccused, not being able to achieve a fair judgment, given that without a reciprocity with due process and constitutional principles such as contradiction, immediacy, orality and legality cope with an instability in what has to do with the administration with the administrationof justice and, that the penalty that the accused will obtain when this type of procedure is never used in the processes of which it has its applicability is never established.

Due to the desire to reduce or relieve judicial cases and promote and have a speed to solve criminal processes, the legislator does not take into account the measures to which the penalty must be administered in relation to the criminal event that is imputed to the prosecuted and thatThe connection with the principles and guarantees of due process is kept, not to leave the right to defense, as well as its presumption of innocence, since all Ecuadorians are cowed with these principles.

whose agreement, from the beginning, was carried out directly that is, between one and the other, immediately obtained a social character. The composition not only ended the procedure but, as is feasible, the understanding in addition, from the subjective point of view, it was in itself a way that the aggravator acquired, by the transaction, its future tranquility;And the offended was reassured in his presumptions of deraquer with monetary persuasion. 

We can point out the criminal dispute was simplified to a business between the defendant and the prosecutor that as a result to this pact is the decrease in the deadlines of the criminal procedure. The composition not only ended the procedure but, as is feasible, the understanding in addition, from the subjective point of view, it was in itself a way that the aggravator acquired, by the transaction, its future tranquility;And the offended was reassured in his presumptions of deraquer with monetary persuasion. We can point out the criminal dispute was simplified to a business between the defendant and the prosecutor that as a result to this pact is the decrease in the deadlines of the criminal procedure. 

The composition not only ended the procedure but, as is feasible, the understanding in addition, from the subjective point of view, it was in itself a way that the aggravator acquired, by the transaction, its future tranquility;And the offended was reassured in his presumptions of deraquer with monetary persuasion. We can point out the criminal dispute was simplified to a business between the defendant and the prosecutor that as a result to this pact is the decrease in the deadlines of the criminal procedure.

This procedure has caused an exuberance of discussions by questioning most of the guarantees or marking that they are being granted excessive advantages to offenders, they are not growing at a way that is apparently a more feasible escape for society since we would achieve more speedIn an endless processes, there would be no more full penitentiary, where there is no claim and where an excellent economy should clearly exist.

This is currently an instrument that exists for the help of society and simplicity that in considerable processes is needed for the diligence of a criminal case, it is a faster way to obtain justice since in an ephemeral period apenalty to the processing of a transgression, we can obtain in the same opinion the liquidation of damages that have been caused.

It is visibly perceived that the procedure in question what is desiredOn the part of the administrators of Justice, to give opinion to the criminal cases due to these specialwearing. It is remarkable that this resource has a consensual environment, this begins from the time in which the accused admits participation in a crime,

This adoption of the decision between the parties is to say between prosecuted and processed, a pact where the accused obtains a great favor because the procedural economy and the savings of a criminal trial provides the prosecuted for the conviction of knowing the judicial sentence more agile andthus avoiding being detained within a prison of one year or more without having any rul.

Conclusions

In the present work that we have developed we could not stop ignoring legislation compared to other countries in order to differentiate with our norm. The abbreviated procedure, an element of investigation is German procedural legislation by instituting special resources, what it finds is the speed and its basis lies in the confession of responsibility.

In Italy this procedure, it seeks to prevent the phase of the oral trial, its origins are in the will of the accused that is admitted by the prosecutor, for which he asks the judge to apply this procedure, for which a signed document is madeby the parties as proof of what is done.

From the year of 1988 in Spain, the Criminal Procedure Law was modified, which found the possible auto compositional solution, the reduction of this resource, the exclusion of excessive proceedings, to formalize the criminal proceedings of a minor sanction and what is what isHe did is that the abbreviated procedure is usually applied, resulting in the ordinary criminal process to be used in the causes for crimes that are punished with seclusion penalties.

In Paraguay, the abbreviated procedure was implemented, in the identical way that Chile carried out in the Code of Criminal Procedure of the year 1995, also in 1996 Venezuela is done by establishing it in the Organic Code of Criminal Procedure;Bolivia reflects it in the year of 1997.