Impossibility of forming charges due to presentation of reports out of investigation deadlines

Abstract

In this work, it was analyzed how the extemporaneous presentation or the lack of presentation of the psychological assessment reports within the term of the investigative phase in the misconduct of this nature that is processed in the Prosecutor's Office of the Province of Cañar, violates constitutional rights. legal certainty and effective judicial protection of the victim. It has been possible to determine the importance of following up on the victims of this type of violence to somehow mitigate this problem that is currently notorious in the country. Through the application of the mixed approach: qualitative and quantitative, with a descriptive level of depth and the use of inductive and deductive, analytical, and synthetic methods, and the legal dogmatic, the reasons attributed to the breach and the repercussion are analyzed. that it has on the legal situation of the victim according to a conceptual framework of the constitutional rights mentioned above. Based on the analysis developed, general criteria are proposed to overcome the identified problem.