The principle of minimal criminal intervention in the criminal trial stage

Abstract

Introduction: This article addresses the principle of minimal criminal intervention in the criminal trial stage from international doctrine and Ecuadorian legislation, taking into account that the State has undergone an evolution in terms of handling its punitive power, which in principle It involved the excessive use of criminal law to sanction behaviors that produced an affectation of the legal assets of the people, towards a more democratic stage where limits were established to said powers, in order that there are no arbitrary, disproportionate and disproportionate sanctions, but that criminal law is reserved for those cases in which the legal situation cannot be resolved by a route other than the criminal alternative and above all to the restriction of freedom, this being a fundamental principle that Ecuadorian legislation has adopted due to that it is compatible with its constitutional paradigm, guarantor of the rights of the people as a priority duty of the State, hence it is expressly recognized both in the supreme norm and in the Comprehensive Organic Criminal Code. Objectives: Analyze the principle of minimal criminal intervention in the criminal trial stage from the Ecuadorian doctrine and legislation. Define doctrinally the principle of minimal criminal intervention. - Determine which are the constitutional and legal norms that regulate the principle of minimum criminal intervention. -Establish how the principle of minimum criminal intervention manifests itself within the trial stage in criminal matters. Methodology: The present investigation has been developed under the descriptive modality, using the analytical method and the bibliographic technique. Results: Among the results obtained, it is observed that, currently, despite the implementation of the principle of minimum criminal intervention expressly in Ecuadorian legislation, the State still does not maintain a model in accordance with the one required by this model. Conclusions: The principle of minimal criminal intervention is constituted as a limit to the punitive power of the State, through which it is intended that criminal law and measures such as the restriction of personal freedom are of last resort, that is, they are only applied when other measures and branches of law have failed to resolve a legal situation, so that criminal coercion is only applied in the face of particularly serious acts that affect priority legal rights, so that there is due proportionality and justification of penalties.