Incidencia en la evacuación de causas penales con la aplicabilidad del procedimiento directo, en atención al principio de celeridad y el garantismo.

Abstract

The focus of this research is the study of the procedural figure of the direct procedure established in the Comprehensive Organic Criminal Code and to identify the legal regulations in force that allow the application of constitutional rights and principles in said procedure, such as due process, law to defense, legal security and the principle of speed, in order to support the principle of speed and criminal guarantees. The methodology has a qualitative approach, which made it possible to carry out a critical legal analysis of the resolutions of criminal cases and practical cases under the direct procedure of the COIP in the first instance from the period August 10, 2014 to August 10, 2015; 2019 and 2020 in the Criminal Judicial Unit of the Portoviejo canton, verifying if it complies with the principle of speed and guarantees. In addition, the category is non-experimental, which began with the general aspects and characteristics of the direct procedure established in the COIP and its Reform Organic Law. For which the interview type design was applied; obtaining satisfactory results, since effectively the applicability of the direct procedure, in the attention to the principle of speed and the guarantee, does not comply with the obedience of the criminal guarantee, the consequences of which is the violation of the basic guarantees of due process, such as due process. process, right to defense and security in the application of ius puniendi.