El derecho a la defensa y el principio de inmediación en el juzgamiento de las contravenciones por violencia contra la mujer y miembros del núcleo familiar

Abstract:

In the current reality of our country, we live in a constitutional State of rights, since this way it is framed by the Constitution of the Republic of the Ecuador, for such a motive immediately after the incorporation of the COIP, in the juridical national classification, there appears a figure named prompt procedure against the violence against the woman and members of the familiar core, which will be applied in cases of violence, when in this one there is caused injuries or disability that it does not overcome 3 days, and is the rule number 15 of this prompt procedure, which is a motive of this project; since this rule in his first clause, damages clearly the right to the defense of the possible victims as of the supposed infringers The present investigation is focused in the exposition of an offer that reaches the integral protection, from the right to the defense of the parts, during the dijudication of the breaches against the woman and members of the familiar core, by means of the complete fulfillment of the guarantees of the right to the defense, established in the due process dedicated in the Constitution of the Republic of the Ecuador The professionals of the right, as well as the judicial civil servants, must know the importance of the procedural beginning and therefore know that the application of the beginning of immediacy; it is transcendental, since this one allows to support the most intimate possible relation, the narrowest contact between the juzgador, the litigators and the evidential means from the beginning of the process up to the judgment; as for the this immediacy of the evidential means it grants major efficiency to him to the interpretation and valuation of the tests; it is for this that the beginning of immediacy grants a major guarantee to him to the rights of the litigators during the penal process. Likewise the Constitution of the Republic of the Ecuador, being considered to be the need to expire with the integral protection of the right to the defense, during the penal process, the importance is established, of reforming the norm that it will be able to injure or to break these rights, being based on the correct application of the procedural beginning ratified in the Constitution and other legal bodies During the process of the investigation one managed to demonstrate the imperious need to reform the numeral 15, of the article 643 of the COIP, in order that this numeral, it does not question the obligation that the experts have to appear and to answer to the interrogation during the hearing breach against the woman and members of the familiar core, and hereby to could prevent the violation of the right to the defense in the dijudication of this type of breaches

Año de publicación:

2016

Keywords:

• Derecho
• violencia
• Garantías
• CONTRAVENCIÓN
• familia
• mujer
• EXPEDITO

Fuente:

rraae