Infringement of due process versus the principle of innocence [Vulneración del debido proceso frente al principio de inocencia]

Abstract

The principle of presumption of innocence and due process are fundamental guarantees of criminal law. The objective of the research is to describe the violation of due process in relation to the principle of innocence. Thirteen scientific articles dealing with different aspects related to the subject were selected. The violation of due process vis-à-vis the principle of the presumption of innocence in the Ecuadorian context reflects profound tensions between judicial practice and the constitutional mandates established in article 76 of the Constitution of the Republic. While Ecuadorian law recognises the presumption of innocence as a fundamental guarantee, its implementation in concrete cases, such as the disproportionate application of pre-trial detention, abbreviated procedures and telematic hearings, has revealed inconsistencies that affect both the impartiality and legitimacy of the criminal justice system.