Vulneración a la tutela judicial efectiva por prescripción de la acción penal de audiencia de juicio.

Abstract

This research addresses issues of criminal procedure in Ecuador, specifically the regulation of the postponement of trial hearings and the statute of limitations for criminal prosecution. It analyzes how, once a case has begun, the accused and their defense use the strategy of postponing the trial hearing countless times in order to conclude the process due to the statute of limitations without a conviction. This misuse of legal tools calls into question whether the victim's rights to effective judicial protection, legal certainty, and due process are being guaranteed. By intentionally delaying the trial, the judge fails to issue a sentence, thereby depriving the victim of the proper administration of justice and full reparation. For this reason, this thesis examines the most common reasons for postponing a trial hearing. It reviews jurisprudential and doctrinal criteria related to the topic, as well as the legislation of various countries, in order to study how they regulate the statute of limitations for criminal prosecution and verify whether it can be applied in our country. Finally, it provides recommendations to avoid the misuse of legal remedies.