El principio de objetividad y la acusación fiscal en el procedimiento ordinario.
This investigation has the purpose of analyzing the principle of objectivity and the prosecutor's accusation in the ordinary procedure, to establish whether the prosecutors apply this procedural principle of the right to due criminal process during the preliminary investigation phase and in the...
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| Formato: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Ecuador |
| Recursos: | Universidad de Otavalo |
| Repositorio: | Repositorio Universidad de Otavalo |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/871 |
| Acesso em linha: | http://repositorio.uotavalo.edu.ec/handle/52000/871 |
| Access Level: | acceso abierto |
| Palavra-chave: | Derecho Penal Acusación Investigación Procedimiento |
| Resumo: | This investigation has the purpose of analyzing the principle of objectivity and the prosecutor's accusation in the ordinary procedure, to establish whether the prosecutors apply this procedural principle of the right to due criminal process during the preliminary investigation phase and in the prosecutor's investigation for accuse or refrain from accusing. The problem under investigation is to determine whether the prosecutors, when hearing of a crime, act correctly in compliance with the "principle of objectivity" established in the Organic Comprehensive Criminal Code in its article 5, numeral 21, whose legal text prescribes: "in the exercise of his function, the prosecutor will adapt his acts to an objective criterion, to the correct application of the law and to respect for the rights of the person”, this means that the prosecution service must adapt its acts under an objective criterion, which in the practice in several cases is not fulfilled. For the investigation, the qualitative approach was used, the level of the investigation is descriptive, explanatory and relational, the investigation is of a documentary type, the techniques used were the documentary analysis and the interviews with their respective instruments, the documentary analysis sheet and the interview guide and the scientific method was used. According to data from the Santo Domingo de los Colorados Prosecutor's Office, in the last semester of 2021, 197 tax accusations were filed, 40 were reviewed, of which 25 do not refer to the exculpatory elements, to carry out a thorough investigation. |
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