FRAUDE PROCESAL EN EL CÓDIGO ORGÁNICO INTEGRAL PENAL

Abstract

It seeks to analyze the first paragraph of Article 272 of the Código Orgánico Integral Penal, in order to establish precedents, regarding to the essentialisms that orbited around the legislator in the construction of the type and include the dynamics within the courts. Considering that to whom the proof must be presented is to the public prosecutor, as determined by the Magna Carta, as the director of the pre-procedural investigation and it is he who allows and analyzes them before and during the Attorney Instruction, to analyze it if it is that in the course of the investigation incorporates some act considered true or false, in the rule prior to the reform, the judge was the one who received the proof, the error is not only about that way since the public prosecutor, who is the holder of the public criminal investigation, is the one who investigates previous formulation of charges or in its absence the file of the previous investigation; but the judge receives the evidence in other matters, such as complaints or civil trials, to globalize the first statement of the article did not take many reasons for the present study.