Abstract

LOPEZ-TORRES, José Vinicio. Application of the principle of opportunity and its impact on the Ecuadorian criminal justice system. Koinonía [online]. 2023, vol.8, suppl.2, pp.885-908.  Epub July 19, 2024. ISSN 2542-3088.  https://doi.org/10.35381/r.k.v8i2.2992.

The objective of the study carried out was to analyze the impact of the application of the Principle of Opportunity in the Ecuadorian criminal justice system. For this, a documentary and descriptive methodology was used, using exegetical and systematic methods. The result of the analysis revealed that the inclusion of the Opportunity Principle in Ecuadorian legislation fundamentally seeks to decongest the criminal justice system, whose application is based on a series of specific requirements or causes. However, the Ecuadorian criminal reality envisions a series of challenges related to the broad discretion that the prosecutor has when deciding whether or not to apply this principle, as well as the lack of clarity in the guidelines and guidelines for its application. This situation therefore requires careful consideration and constant review to ensure an appropriate balance between decongesting the judicial system and ensuring justice in each case.

Keywords : Legal principle; justice; criminal law.

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