Reformas legales al artículo 194 del código de procedimiento penal ecuatoriano, relacionado a los casos en que puede ser allanada una vivienda

The right to inviolability of the home, is constitutionally recognized, ie one can arbitrarily enter the address of a person, or conduct inspections or searches without consent or without a court order, except in flagrante delicto, in the cases and manner established by law, otherwise occur, would bring legal action under criminal law. Today unfortunately arise daily series of punishable acts that generate insecurity in people such as robberies households with property damage, behavior that many left without a criminal penalty because of legal loopholes in the Code of Criminal Procedure, as with the raid on the homes. According to the requirements of Art. 194 of the Code of Criminal Procedure, which states that housing residents in the Ecuador can not be searched except in the following cases: 1. In the case of detaining a person against whom a warrant has been spared remand or sentence has been pronounced a sentence of imprisonment ; Two. When chasing a person who has committed flagrant crimes; Three . When it comes to preventing the consummation of a crime being committed or help the victims, and, April. When the judge will try to raise the thing stolen or unclaimed objects constituting evidence. As can appreciate the raids on homes comes only by the Judge or Judge of Criminal Guarantees, a situation that has allowed impunity for countless crimes against property mainly, because the act limits the prosecutor and the police immediately. In my opinion I believe that this provision should reform legal and clearly establish the authority shall conduct the search, because according to the provisions of paragraph 4 of that statute states that the search proceeds when Judge or judge, try to raise the thing stolen or unclaimed objects constituting evidence limiting the performance of the prosecutor and the judicial police. We all know that the competent authority, ie the Judge of Criminal Guarantees, issue the appropriate warrant, must follow the relevant process, at which time the suspect may well hide the evidence or stolen property, and thus keep the offended party without evidentiary means to establish criminal liability unpunished a series of criminal acts, mainly in property crimes therefore think it must reform this legislative provision to ensure effective protection and legal security people. In my view, the prosecutor responsible for the research, in the company of the judicial police perform such diligence.

• Autor principal: Tipanluisa Cabezas, Viviana Maribel (author)
• Formato: bachelorThesis
• Publicado: 2014
• Materias: DERECHO
• Acceso en línea: http://dspace.unl.edu.ec/jspui/handle/123456789/16210