Challenges of an incentive-based criminal law plea bargaining from the perspective of rights protection

Abstract

The debate on incentive-based criminal justice is still unfinished business. In the Ecuadorian legal system, this type of negotiated justice is found in legal concepts such as effective cooperation and abbreviated procedure, which have serious ethical and procedural implications. Thus, this work, which applies the qualitative method through the technique of case analysis, precisely from a sentence handed down in the Ecuadorian courts, will attempt to shed light on the application of the-incentive-based criminal law; at present there is confusion as to its application, generating a tension within what is known as incentive-based criminal law; more precisely, with regard to the application of the quantum of penalty in specific cases. The conclusions of the research extend guidelines that, if considered in broader studies, would generate conceptual coherence, as well as the application of these legal figures, providing rationality to their use in the field of criminal proceedings from a rights protection vision.