El imputado frente a la instrucción fiscal y el debido proceso.

Abstract

The Ecuadorian criminal process of the 21st century welcomed the principles of the right toDue Process in the COIP, from a range of agreements and advances in the legislation of the world in International Law, the citizen passive part of a process is endowed with a set of rights and guarantees inhering in the actions of the jurisdictional authorities, thus, the FiscalInstruction is the genesis of the criminal case, and evidences contradictions with the restrictive elements of the Due Process indicated in Article 76 of the maximum norm, and complemented by Article 77, since at the end of this Instruction with an abstention opinion, this can be revoked by the provincial prosecutor, without the inherent rule mediating the needfor the motivation of this decision, likewise, this superior prosecutor must appoint a substitutewho must be biased on the superior's criteria and accuse the passive party in the PreliminaryTrial Hearing, without the passive party being able to contradict revocation, nor the criterionof the surrogate prosecutor, and, if he receives the abstention opinion, without the intervention of the provincial prosecutor, then, this judge does not have the strict obligation to issue the dismissal immediately, for this reason, the amendment is proposed of Article 600of the COIP to capture the elements of due process in the treatment of the Fiscal Instruction.The type of research is comparative, between the standards in question, synthetic analytical and qualitative assessment.