The abstract constitutional control of article 386, third paragraph, of the Organic Integral Penal Code

Abstract

This research contemplates a study of the legal implications that arise after the application of article 386, third paragraph of the Comprehensive Criminal Organic Code to the detriment of the principles established in the Constitution of the Republic of Ecuador. Structural principles such as: the principle of the presumption of innocence, the principle of due process. And even, said article, as will be determined below in this work, violates the Legal Security established in the Constitution of Ecuador. Therefore, through an analytical-synthetic study, the different criteria of the justice operators of the city of Cuenca will be visualized to base their decisions on their respective sentences. Equally important, through a deductive-inductive study, the consequences of applying the rule mentioned above to the detriment of constitutional rights will be identified.