Estudio de los presupuestos de la prisión preventiva y la motivación de su concesión en los jueces de la provincia de Imbabura

Pretrial detention is very important in criminal law, since it is a precautionary measure seen as a necessity to ensure the appearance of the suspect to the process, which in recent years in Ecuador has generated many controversies especially in the orders of preventive detention that in certain cases are not duly motivated, ignoring what the CRE establishes regarding the basic guarantees established in Art. 77. The general objective of determining the motivation of the resolutions issued by the judge to impose preventive detention. The results obtained were obtained with a qualitative approach, with a descriptive level of depth, using methods such as synthetic analytical, hermeneutic, deductive, which through the technique of documentary review with the analysis of court cases and together with the interviews conducted with the judges of the judicial units, These methods reflected and lead to the conclusion that the administrators of justice resolve and dictate pretrial detention in reference to the request made by the prosecution and that there are many cases in which the motivation of pretrial detention is not applied to a specific case, i.e. it is not applied concretely and is based on a model applicable to the cases they handle, and what is even more worrying is that the media level that a case reaches can be influenced at the moment of applying pretrial detention.

• Autor Principal: Salazar Montenegro, Edison Leandro (author)
• Formato: bachelorThesis
• Publicado: 2024
• Subjects: prisión preventiva, motivación, presupuestos, medida cautelar, privación de libertad
• Acceso en liña: https://repositorio.puce.edu.ec/handle/123456789/43341