REVISIÓN DE LAS GARANTÍAS CONSTITUCIONALES DENTRO DE LOS PROCESOS PENALES ESPECIALES CONTEMPLADOS EN EL COIP

Abstract

The present investigation seeks the constitutional guarantees established in the special criminal proceedings contemplated in the Comprehensive Criminal Organic Code. Different conceptualizations are pointed out about the current criminal process, the criminal principles of the COIP and the Constitution of the Republic of Ecuador of 2008. The main objective of this is that of the so-called special criminal proceedings as the process of the accused, in a relationship of guarantees such as access to self-defense, the right to a trial and the rights that derive from the valid constitutional due process. A bibliographic research was carried out, applied the Declaration of Human Rights and Surveillance Rights to analyze the constitutional guarantees within the special criminal processes in agreement with the COIP. Finally, it shows the importance of assessing the validity of the same, the rights of research, the defense of rights, the application of rights, the regulation of the principle of opportunity and the structuring of the constitutional process, the parameters that are implemented in the investigation. It is necessary to establish the inconsistencies identified in the process of criminal guarantees, supported by the declaration of human rights and in each of the legal documents that currently apply, with the purpose of the constitutional rights in force.