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Iustitia Socialis. Revista Arbitrada de Ciencias Jurídicas y Criminalísticas

On-line version ISSN 2542-3371

Abstract

ASIMBAYA-TACURI, Elvia Susana; GIL-OSUNA, Bartolomé  and  RIBADENEIRA-GRIJALVA, Carmen Gabriela. Special abbreviated procedure in the light of the Constitutional Court of Ecuador. Iustitia Socialis [online]. 2024, vol.9, n.17, pp.50-69.  Epub Aug 31, 2024. ISSN 2542-3371.  https://doi.org/10.35381/racji.v9i17.3956.

The general objective of this research was to carry out a legal analysis of the Special Abbreviated Procedure in the light of the Constitutional Court of Ecuador. The quantitative approach was used, through research, collection and critical analysis of documents and bibliographic references, based on the methodical, rigorous and in-depth exploration of various documentary sources made up of articles, norms and laws, agreements, among others, describing the findings. Documentary review was used as a technique. The inductive-deductive method was also used. It is concluded that, it has been emphasised above that the abbreviated procedure, from the legislative, doctrinal and jurisprudential point of view, continues to be, by its nature, a criminal process in which the purpose is to determine the commission of conducts established as crimes and the assignment of individual responsibilities, on a voluntary basis, and the penalties to be imposed, in a consensual manner. Guarantees must be applied as established in the 2008 Constitution.

Keywords : Judicial sentence; constitution; criminal law.

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