Las audiencias como base de la oralidad en el sistema penal acusatorio ecuatoriano. Análisis de las falencias en el desarrollo de las audiencias

Abstract:

The Accusatory Criminal System has two main characteristics: division of functions and the application of orality. However, in Ecuador these two characteristics havent been strictly put into practice and that is why according to my own judgment and that of many jurists like Dr. Walter Guerrero Vivanco, the Criminal System that governs Ecuador is Formal Accusatory or Combined. But it isnt the Combined System what delays justice but the lack of commitment of judges, public prosecutors and lawyers. Evacuation of processes as established in the Ecuadorian Constitution, the Criminal Code and the Criminal Procedure Code must be done in an oral way and it implies the requirement of hearings. Orality is understood as the clear and concise expression of every single element concerning the case; elements that will enable the Judge to acquire full knowledge of all facts and then base their decision on the right law. But orality has nothing to do with oratory. The problem is that in spite of everything that been said about orality, it is still confused with oratory. Theres no doubt that oratory is a characteristic that every attorney must have, but thats not what turns someone into an attorney. What makes a real attorney is the way the Case Theory is handled. This thesis project aims to determine the flaws in the application of the Accusatory System. This is why all the methods used were the comparative and descriptive background established to analyze the antecedents of the Accusatory Criminal System. And to carry out field research was also necessary because it gave me the opportunity to observe the way hearings are substantiated in Ecuador. This country could have the ideal justice providing that all judges, public prosecutors and lawyers begin to apply the law. And the Province of Azuay is a clear proof of this. But attorneys must also consider the preparation of a Case Theory and the use of specific strategies and tactics. This will bring efficiency into case proceedings and thus, will improve professional performance.

Año de publicación:

2015

Keywords:

• Derecho penal
• SISTEMA ACUSATORIO

Fuente:

rraae