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Aplicación de las reglas del juzgamiento en ausencia previstas en la sentencia N° 005-17-SCN-CC de 2017 de los delitos de peculado, enriquecimiento ilícito, cohecho y concusión

Abstract:

In the Constitution of 98, the trial appears in absentia in crimes against the effective administration of the state, but it is not until the validity of the Constitution of 2008 that the modification of other regulatory bodies is made in order to establish the trial in absentia crimes such as: peculation, bribery, illicit enrichment and concussion. In the case raised for our study, the Constitutional Court avoca knowledge of the constitutional consultation conducted by the Criminal Chamber of the Judicial Unit of Otavalo, in accordance with Art. 428 of the Constitution, with respect to numeral 5 of article 649 of the COIP, for considering that it contradicts the exercise of legitimate defense. In this regard, the Constitutional Court issued Judgment No. 005-17-SCN-CC, in the exercise of concrete constitutional control, establishing guidelines to be observed by the judges in order not to contravene the legitimate defense, a fundamental right that deals with our Constitution.