Es necesario reformar el código de pocedimiento penal incorporando una disposición que prohíba a los jueces de garantías penales, dictar la medida cautelar de prisión preventiva en contra de personas que adolezcan de enfermedades consideradas catastróficas, contagiosas, o terminales.

The catastrophic or complex, are common diseases in our society, to which we must give due importance and attention as if our family suffer some catastrophic disease occurs, and the cause of death has been caused by a disease such as cancer, heart problems, or any degenerative disease. Therefore everyone, even those subject to criminal proceedings against him, in the rule of law such as the Ecuadorian boasts a number of fundamental rights inherent in being human. One of these rights is derived from the state of health of the person, which should not issue interim measures such as preventive detention, if this suffers from terminal or incurable contagious diseases; but given the state of health should dictate alternative proposal, which would say placement in specialized health centers, or the care of their relatives. Preventive detention is a precautionary measure to impose more uncomfortable in our criminal justice system, which, according to our law and constitutional jurisprudence, must be properly grounded and attached to criteria of proportionality and rationality, it must meet certain requirements such as the existence a suspicion of the involvement of the accused during the investigation done, the reasonable presumption of risk of flight, obstruction, criminal reiteration or danger to the victim. The injunction remand, specifically any of the crimes committed, in order to establish whether such decisions are properly informed and if they follow the legal requirements and basic principles necessary for dictation, about the crime can be committed the same should be punished but the case is that if I accused person is medically declared terminally ill, should not act on the injunction of custody, but an alternative measure to avoid infection in the population prison. From all this concern arises from this study field on resolutions that impose the injunction for any of the crimes that are defined in the Criminal Code that are the subject of preventive detention is imposed very often, especially when flagrant offenses; but more specifically to have knowledge of a specific case where the judge's reasoning is based on assessments of social alarm and danger to the victim may be subject to robbery, assault, burglary, kidnapping or rape, in the latter case the offender who committed the crime is sick HIV AIDS, has committed two offenses, more serious than the other, by contagion may, if it is true that it would be inexcusable for the administration of justice not sanction it, but there is reason disease without this is in its final stage, it could well dictate alternative measures, but in the eyes of society this mismanaged justice.

• 1. Verfasser: Campoverde Cevallos, Beatriz Magdalena (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2014
• Online Zugang: http://dspace.unl.edu.ec/jspui/handle/123456789/15568