The principle of presumption of innocence and the application of the abbreviated procedure

Abstract

The aim is to study the constitutional principle of presumption of innocence and its impact on the application of the fast-track procedure, in criminal matters. A qualitative methodology was used in this research, with the use of different methods, such as the analytical-synthetic method, as well as the historical-logical method, which were based on the exhaustive analysis of the principle of innocence and the fast-track procedure. The main technique used was an observation, since the Ecuadorian legal system was analyzed through a bibliographic-documentary approach in order to conclude that the application of the fast-track procedure is discussed and criticized due to its effectiveness in terms of procedural speed; the judicial system is considered vitiated by irregularities because it is insufficient to decongest the judicial system. When there is a suspension of any of the stages or procedures of the criminal process, a possible consequence is that an improper or erroneous judicial sentence is issued, violating the constitutional principles of due process.