The Abbreviated Criminal Procedure within the COIP: Analysis according to the procedural principle of prohibition of self-incrimination

Abstract

As a consequence of the accumulation of criminal cases in the Ecuadorian criminal system, legislators have opted to implement an abbreviated procedure. It consists of an agreement between the prosecutor and the prosecuted person. Thus, the alleged offender is held responsible for committing the criminal offense, provided that the Integral Organic Criminal Code established the procedural requirements. However, this procedure may violate the rights and guarantees of the accused, precisely the principle of non-self-incrimination. Therefore, this article aims to analyze whether there is a correct application of the procedural principle of prohibition of self-incrimination within the abbreviated procedure in Ecuadorian criminal legislation.

KEYWORDS: Legal procedure, legal principles, criminal law, administration of justice, due process.

JEL CODE: K00,K14