LA VULNERACIÓN A LA TUTELA EFECTIVA Y LA CORRECTA APLICACIÓN DE LA IMPUTACIÓN OBJETIVA EN EL PROCEDIMIENTO DIRECTO

Abstract

This academic article addresses the importance of objective imputation in direct proceedings in criminal cases, specifically in cases of second-degree robbery in Ecuador. It discusses how the correct application of objective imputation is crucial to guarantee effective protection in the criminal process and how the violation of effective protection in the direct procedure can affect justice and society in general. It also analyzes the use of the direct procedure in criminal cases in Ecuador, which concentrates all stages of the process in a single hearing and is used for flagrant crimes. While this procedure aims to speed up the process, it has been criticized for potentially violating constitutional rights such as the right to defense and due process. The main result obtained in the article is that the direct procedure does not guarantee sufficient procedural guarantees and that the objective accusation must take into account the knowledge, intention and malicious actions of the suspect in the commission of the crime. In conclusion, it is argued that the use of the direct procedure in criminal cases in Ecuador can lead to a violation of the right to a fair trial and that it is necessary to balance the principle of speed with the protection of constitutional rights. In addition, the importance of objective imputation in the determination of responsibility for a crime is highlighted and its correct application is crucial to ensure effective protection in the criminal process.