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CRITICAL ANALYSIS OF THE PRINCIPLE OF OBJECTIVITY IN DIRECT PROCEEDINGS

Abstract:

The correct application of the principle of objectivity guarantees that the prosecutor takes into account the prosecution of the accused, all the facts and circumstances, that is, everything that is related to the accusation, for or against the accused per-son. This principle is governed by article 5 number 21 of the Comprehensive Criminal Organic Code. Due to its importance, the main objective of this research is to critically and legally analyze the meaning of this principle and its impact on the Ecuadorian judicial process. To obtain the information, different theoretical methods were applied, such as analysis and synthesis, and empirical methods, such as the bibliographic review of current regulations and comparative legislation, the application of surveys and interviews. The main result was that the application of this principle is not fully done, since situations are detected where due process is violated, an example of this is the abbreviated process where the period of seven days does not allow gathering and presenting announcements of evidence in favor of the defendant, which means that the prosecution does not formulate a complete view of what happened and the sentence is biased.