El principio pro homine frente a la prisión preventiva y su tratamiento jurídico en la unidad de flagrancia de la ciudad de Quito en los meses de febrero y marzo del año 2013.
Precautionary measures in criminal matters, arising from the need to ensure the appearance of the defendant at trial and in order to that effect is given with due process, the right to defense and the principle of mediation in criminal proceedings; Ecuadorian legislation provides a number of precaut...
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| Formato: | bachelorThesis |
| Lenguaje: | spa |
| Publicado: |
2015
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| Materias: | |
| Acceso en línea: | http://dspace.udla.edu.ec/handle/33000/2344 |
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Agregar Etiqueta | Sumario: | Precautionary measures in criminal matters, arising from the need to ensure the appearance of the defendant at trial and in order to that effect is given with due process, the right to defense and the principle of mediation in criminal proceedings; Ecuadorian legislation provides a number of precautionary measures real character and other personal information in order to guarantee this purpose. In personal action is preventive detention; as established by the Constitution of the Republic and the Code of Criminal Procedure, this measure, like all measures of real character, should be applied exceptionally and only for lack of a less effective measure to ensure the attendance of the accused to trial for I certain exceptions specified in the Constitution, you cannot judge a criminal offense without the presence of defendant. It is clear that this provision is not met at present, as the fiscal agent without a prior case study, often without considering the requirements of Article 67 of the Code of Criminal Procedure makes the request to the Judge Criminal guarantees likewise, without a prior analysis, granted in most cases, which violates the principle pro homine, the right to liberty, the presumption of innocence and due process. Today custody, far from fulfilling its purpose according to what is stated in the Constitution and laws, has become a mandatory requirement for the start of the preliminary investigation and criminal procedure; as a penalty or sanction for the defendants anticipated that their fundamental rights are violated within the Ecuadorian state by constitutional mandate, is guarantor of rights and promoting social justice. |
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