THE FORMULATION OF CHARGES, THE RIGHT TO DEFENSE, AND DUE PROCESS IN ECUADOR

Abstract

The general objective of this research is to determine which are the violations of the right to defense that take place in Ecuadorian criminal practice regarding the arraignment hearing and how this affects the violation of due process. A qualitative methodology is used, applying analytical-synthetic, comparative and bibliographic review methods, using the technique of interviewing legal professionals linked to the Provincial Prosecutor's Office of Tungurahua. As a result, violations of the right to defense are evidenced, such as late notification, imprecise formulation of charges and lack of time to prepare the technical defense, especially in cases of flagrancy. These practices affect constitutional principles such as the presumption of innocence, contradiction and procedural equality. To address these deficiencies, it is proposed to improve notification protocols, guarantee the assistance of the defense attorney from the beginning of the process and strengthen judicial and prosecutorial controls. These measures will make it possible to effectively apply the recognized guarantees and strengthen the legitimacy of the Ecuadorian criminal process.