El respeto al debido proceso y el derecho a la defensa en el procedimiento directo.

Abstract

Ecuadorian legislation must guarantee respect for the rights derived from applicable laws, since guaranteeing adequate and timely protection is an important right in any trial. Hence, the objective of the investigation is given by examining whether the direct procedure established in Art. 640 of the Organic Comprehensive Criminal Code at the time of being substantiated by the parties ensures compliance with the basic guarantees of due process and the right to justice. defense that implies all criminal proceedings that are governed by constitutional principles, being the mixed investigation, that is to say qualitative and quantitative, of a documentary and field bibliographic type, obtaining as results that the majority of judges, lawyers and prosecutors considered that the direct procedure does not it is used in the majority of flagrant crimes, since it is only appropriate in those crimes sanctioned with imprisonment of up to 5 years and that are not linked to crimes against humanity, concluding that Ecuadorian legislation gives only 20 days for the hearing and the announcement of the test must be submitted 3 days before the request for hearing, q It takes 17 days to prepare for the defense, which prevents an effective technical defense.