Análisis del principio de presunción de inocencia en los delitos de receptación a la luz de la sentencia N°14-15 CN/19 en la ciudad de Ibarra en el primer trimestre del año 2020

Abstract

The following research its titled: Analysis of the principle of presumption of innocence in the crimes of reception in the light of sentence n ° 14-15 CN / 19 in the city of Ibarra in the first quarter of 2020. Reception its a crime incorporated for the first time in 2000’s in the structure of 1971 Criminal Code and this legal concept was preserved in the next legal code from 2014 called “Código Orgánico Integral Penal”, (in English, Organic Criminal Code, and hereinafter, referred as COIP). The main issue was that in the drafting of this legal concept in 2014’s code, burden of proof was inverted to the indicted by the mere fact of not being capable to justifity its titularity of the property rights over furniture with a document that guarantees the loan, because of this we put on doubt if the Presumption of innocence was fulfilled or not. This legal concept is stablished on article 76.2 of Republic of Ecuador Constitution (hereinafter referred as CRE). But there was some leftovers of the previous redaction stablished on criminal legislation who ended up at sentence N°14-15 CN/19, and because of this, the main goal of this research is to analyze the Presumption of innocence principle in recieving crimes starting from the sentence n°14-15 CN/19 in Ibarra’s City on the first quarter of 2020. Ad hoc, an study has been prepared using qualitative research method with a descriptive approach. We are going to use also the normative and deductive method which allowed us to reach the goals formulated over the respect of Presumption of innocence and the process and criminal procedure of the receiving crime in Ibarra.