Violation of the Principle of Non-Self-Incrimination in the Abbreviated Procedure Contemplated in the Comprehensive Organic Criminal Code

Abstract

The objective of this research was to analyze the abbreviated procedure contemplated in the Organic Integral Penal Code (COIP), based on the criterion that certain aspects of this procedure violate fundamental rights of the investigated. Particularly noteworthy is the requirement for the defendant to admit the facts that he/she is accused of in order to access this procedure, which, according to the majority opinion of doctrinarians, compromises the principle of non-self-incrimination, the presumption of innocence and the right to a trial with all its phases. The objective of this research was to analyze the abbreviated procedure established in the Comprehensive Organic Criminal Code (COIP), in order to identify possible violations of the fundamental rights of the investigated. Specifically, it sought to evaluate how the requirement of admitting the facts charged in order to access this procedure could affect principles such as the right against self-incrimination and the presumption of innocence. Through a qualitative approach and using different methods of analysis, we sought to determine whether the abbreviated procedure, as it is configured, guarantees due process in accordance with human rights and constitutional standards. The methodology applied was based on a qualitative approach, using inductive, analytical, synthetic and exegetical methods. A documentary analysis of the bibliography related to the investigated topic was carried out, as well as of international instruments of Human Rights, the Constitution of the Republic of Ecuador, the COIP and jurisprudence related to the subject. The results of the research determined that the abbreviated procedure as regulated in the COIP benefits the State and the justice system by speeding up certain legal processes. However, it became evident that this procedure may violate essential rights of the defendant, such as the principle of non-self-incrimination and the presumption of innocence. Therefore, it is concluded that the abbreviated procedure affects due process by compromising fundamental guarantees. The research indicates that the abbreviated procedure regulated in the COIP, although it can be beneficial for the efficiency of the justice system, also carries significant risks of violating the fundamental rights of the accused. Therefore, it highlights the need to review and modify this procedure to ensure absolute respect for due process and the individual guarantees of the accused.