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Reforma al art. 600 del código orgánico integral penal con la finalidad de garantizar el principio de oralidad en el dictamen abstentivo
| Content Provider | Semantic Scholar |
|---|---|
| Author | Guarnizo, Rojas Elisa, María |
| Copyright Year | 2017 |
| Abstract | With the entry into force on 10 August 2014 of the Comprehensive Criminal Code, some changes in the criminal procedure is also introduced, which is why my thesis analyze one is these changes which we found exactly in Title VII, Chapter Stages II procedure, First Section (Section) second paragraph of Article 600 abstentivo opinion; "Opinion and Prosecutor.- abstention After the instruction, or request the prosecutor or the judge indicate day and time for the hearing evaluation and preparatory trial, which will be convened within a period not exceeding five days and will be made within no more than fifteen days. Not to charge its opinion duly substantiated will be issued and will be notified to the judge or to arrange for their notification to the proceedings. In the case of an offense punishable by imprisonment of more than fifteen years or at the request of the private prosecutor, the or prosecutor raise abstention in consultation with the or the senior prosecutor, for ratification or revoked, within a maximum period thirty days, which will be made aware of or judge. If or superior to acquit consultation prosecutor confirms abstention, shall immediately forward the dossier to the or the judge to hand down preemption within a maximum period of three days when there is a person in custody, otherwise it will deliver in the period of ten days. In the same order, withdraw all issued precautionary and protective measures. If the senior prosecutor revoked or abstention, shall appoint another prosecutor to sustain the indictment hearing, the same shall be made within five days of receiving the file. Whether or prosecutor resolves issue an accusatory opinion for some and for others abstentivo processed regarding abstention should increase consultation in accordance with the provisions of this Article. And on that charge is resolved, it will ask the judge or point day and time for the hearing evaluation and preparatory trial. " In the second paragraph of this article is where the problem of my thesis, and I think once finished the preliminary investigation and subsequent call to the audience evaluation, be there at the same hearing evaluation and High School trial where the prosecutor accused or refrain from accusing exposing reasoned decision, pursuant to the above paragraph should be amended to ensure that the principles of orality, speed and procedural economy, since the item two of art. 600 violates these principles, delaying the process and consequently waste of time and money to the administration of justice. The application of the orality does not mean it disappears in full the written elements of the process, as they must be necessarily records, record, recording, records and statements in writing of the essential resolutions of the process, the same that is routed to test subjective and objective facts placing the court in a position to form an opinion about the existence of the infringement or non-infringement of the defendant, for that reason the charge or tax abstention should be oral. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://dspace.unl.edu.ec/jspui/bitstream/123456789/18789/1/Mar%C3%ADa%20Elisa%20Rojas%20Guarnizo.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
