Regresar

SUMMONS BY THE MEDIA IN NON-CRIMINAL PROCEEDINGS IN ECUADOR

Abstract:

The summons accompanied by the demand by different means of communication is an extraordinary way to call the defendant to the process and occurs when the person whose individuality, domicile or residence is not possible to determine. The objective was to justify the need for the judge to appoint a public defender to assume the representation in the trial, assuring the defendant the constitutional right to defense, once he does not appear after being summoned by the media. communication. A qualitative design was used, with theoretical methods such as analytical-synthetic and empirical methods such as documentary analysis, to meet the stated objective. Data were obtained that show the need for the intervention of the public defender in non-criminal proceedings where the defendant has been summoned by the media. It was concluded that the current legislation does not grant powers to the judge to appoint a court-appointed attorney to represent the defendant when he/she has been summoned by any means of communication and the term to answer has expired, without having done so and being defenseless. The legal text should be reformed in the avoidance of damages.