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CONFLICT BETWEEN THE THEORY OF THE CRIME AND THE SENTENCE CONVICTION IN THE ABBREVIATED PROCEDURE IN ECUADOR

Abstract:

The abbreviated procedure as an alternative of speed and procedural efficiency, beyond the benefits it generates, may imply a violation of procedural principles and, a vice to the will of the accused. This topic was addressed, with the aim of assessing through doctrinal analysis, the general aspects of the theory of crime, compared to the Conviction Sentence in the Abbreviated Procedure. The purpose of this analysis is to demonstrate the breach of procedural principles that vitiate the will of the accused. Theoretical and empirical research methods (analytical-synthetic, historical-logical, inductive-deductive, documentary analysis, among others) were used. These made possible the doctrinal approach to the subject analyzed and its treatment in the Ecuadorian legal system. It is concluded according to what has been said that the Conviction Sentence in the Abbreviated Procedure violates the principles of innocence and the prohibition of self-incrimination. Consequently, it vitiates the will of the accused.