The existence of the violation of the defense by not allowing access to the prior investigation

Abstract

Introduction: according to the  norms decreed in the Constitution of the Republic of Ecuador it is essential to state that in the Organic Integral Criminal Code, currently in force in Ecuadorian legislation, it was determined in this work that prior to the investigation this does not have to be reserved for those persons who participate in the intervention in the criminal process because it would violate the guarantees of the process as well as leave defenseless of the persons involved, it is important to state in the framework of any analysis that a prior investigation is a possible administrative activity of the Prosecutor's Office in which the elements of conviction must be obtained to begin a trial against the accused. Objective: to determine whether the confidentiality of the inquiry in the processes of the person under investigation. Methodology: this research has a documentary-bibliographic character, consisting of the compilation of sources of doctrinal, legal and jurisprudence information compiled through books, libraries, digital repositories, and computer databases in order to give a logical support and order to the ideas presented in relation to the effective exercise of the right to technical defense. Conclusion: by the organic law that has the provision and because it is established in the appropriate constitution there can be no denial to the requests of the victim, suspects or investigated of the physical or electronic certified copies and of the simple copies of the files of the pre-criminal procedure both in the Units of Criminal Guarantees and in the prosecutor's offices.