El uso del dispositivo de vigilancia electrónico como una medida cautelar de orden personal, como forma de dar cumplimiento a la pena en nuestra legislación

Among the innovations brought about by the implementation of the new Organic Comprehensive Criminal Code, we have the use of the electronic device as a complementary means to the prohibition of absent from the country, to the obligation to appear compulsorily before the relevant authority, house arrest, Controlled freedom, and to measures of protection in the infractions of domestic violence. Regarding the matter to be dealt with, Article 522 of the Integrated Criminal Code states that: "The judge or judge may impose one or more of the following precautionary measures to ensure the presence of the person processed and shall apply as a matter of priority to the deprivation of Freedom: 1. Prohibition of absent from the country. 2. Obligation to appear periodically before the judge or judge who knows the process or the authority or institution that designates. House arrest. 4. Electronic monitoring device. 5. Detention. 6. Pretrial detention. The judge or judge, in the cases of items 1, 2 and 3 of this article, may also order the use of an electronic surveillance device ", ie, the electronic device is considered as a complementary means to the rest of precautionary measures. Approach.- I hold in the investigative work that the electronic surveillance device should be implemented as an alternative to the prohibition of absences from the country, the obligation to report periodically to the competent authority and to house arrest, and not as a complementary measure as Currently established in our legislation, since it generates double state effort; With regard to pre-trial detention, I maintain that the electronic surveillance device should be a measure supplementary to pre-trial detention, since it fulfills the three functions indicated above; In addition we would be collaborating with the State when the people that use this device do not enter to the Centers of Deprivation of the Freedom, with which it generates less expenses for the national treasury in relation to the maintenance of the people in those centers, and also we would congested Institutions. The use of this device in addition to the benefits indicated above would greatly attenuate the theory of early punishment, which means home detention and preventive detention in addition to maintaining the individual's social benefits such as work, mobility (restricted), the enjoyment of his family and recreation, among others. The legal failure in the provision for the use of the electronic device as a complementary measure must be supplemented by the implementation of a reform of the Comprehensive Criminal Organic Code, based on the benefits that have manifested and to replace the underutilization of the electronic device

• 1. Verfasser: Murillo Cañizares, Mónica Alexandra (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2017
• Schlagworte: DERECHO; DISPOSITIVO ELECTRÓNICO; MEDIDA CAUTELAR; PENA
• Online Zugang: http://dspace.unl.edu.ec/jspui/handle/123456789/18913