La aplicación de la imparcialidad en el procedimiento directo.
The objective of this investigation is to analyze the application of the direct procedure regarding the guarantee of impartiality of the procedural subjects to determine its violation. The problem arises very specifically in flagrant crimes in which the same Judge who dictates preventive detention i...
| Autores: | , |
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| Tipo de documento: | dissertação |
| Estado: | Versão publicada |
| Data de publicação: | 2022 |
| País: | Ecuador |
| Recursos: | Universidad de Otavalo |
| Repositório: | Repositorio Universidad de Otavalo |
| Idioma: | espanhol |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/824 |
| Acesso em linha: | http://repositorio.uotavalo.edu.ec/handle/52000/824 |
| Access Level: | Acceso aberto |
| Palavra-chave: | Derecho Penal Imparcialidad Procedimiento directo Delito |
| Resumo: | The objective of this investigation is to analyze the application of the direct procedure regarding the guarantee of impartiality of the procedural subjects to determine its violation. The problem arises very specifically in flagrant crimes in which the same Judge who dictates preventive detention is the one who knows the direct trial hearing, participating with anticipated criteria in it, since he previously knew certain elements and facts that contaminate his objectivity and impartiality, being the correct thing that a neutral Judge knows the hearing of direct trial, who only through the practice of the announced evidentiary means soaks up the facts and thereby bases the sentence that must be pronounced, be it conviction or acquittal. The methodology used in the research was descriptive, explanatory and relational, it was also necessary to use techniques such as documentary review and interview, with which the following results could be obtained: regarding the documentary review, several files of the Criminal Unit of the Ibarra canton, specifically of flagrant crimes processed in direct proceedings, determining the violation of the guarantee of impartiality since the same Judge who qualified the flagrante delicto and ordered preventive detention heard the direct trial hearing; In addition, with the interviews carried out with the public defenders of the Ibarra canton, it was concluded that, for the most part, they consider that there is a violation of impartiality when the direct procedure is applied to flagrant crimes for the reasons stated above. |
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