El testimonio anticipado y el procedimiento expedito en las contravenciones penales de violencia intrafamiliar en Galápagos.

Abstract

The present work aims to make a reform to art. 642 numeral 5 of the COIP, inasmuch as this numeral does not detail the expedited procedure for taking early testimony from the victims of violence in Ecuador. Specifically, taking as a reference the lawsuits for violations of violence raised in the province of Galapagos, it has been evidenced that since there is an inconsistency in paragraph 5 of the aforementioned article, at the time of making the anticipated testimony in the judicial units, as there With a sufficient number of public defenders, up to 90% of cases of violence are carried out against victims who do not have sufficient financial resources to pay for a lawyer and as the law establishes that the possible offender must have a lawyer and if he cannot To pay for one, the State through the courts will determine that the public defender must carry out the technical defense of the defendant and the person victim of violence will be left without a lawyer to defend him technically because there is not a sufficient number of public defenders; Similarly, in many cases, the alleged offender is not notified with the date of the anticipated testimony, which does not allow the offender to decide whether to continue with the public defense or if for the anticipated testimony of the victim, he will seek a private defense and this will entail that at the time of taking the anticipated testimony there is a defect in it because the victim appears alone; which will cause that if there is an appeal to the sentence in the provincial courts, the judges will annul the sentence and the case will return to the lower court and everything that has been done until before the anticipated testimony will be annulled; generating as a result that on many occasions offenders return to generate acts of violence against their victims.