Ingreso de documentos por parte del procesado en la audiencia de fundamentación del recurso de apelación a la prisión preventiva en los delitos flagrantes

Within the practice, lawyers sponsors of criminal trials in flagrante delicto that start with the commission of an offense, in the exercise of criminal action pursuant to the provisions of Art. 527 of the Code Integral Criminal " it is understood flagrante people who commit an offense in the presence of one or more persons or when discovered immediately after the alleged commission, whenever there is a continuous persecution from the time of the alleged commission until apprehension, likewise when he meets weapons, instruments, proceeds of illicit, fingerprints or documents relating to the newly infringement "; in the case of the arrest of the suspect is achieved in flagrante delicto of public exercise, within twenty-four hours since it seized, it will take effect an oral hearing before the competent judge, and the legality of the arrest were graded, then the District Attorney holder of the action, if there is sufficient evidence and whether the infringement exceeds the year penalty will press charges and if appropriate request precautionary and protective measures that the case warrants, in actual fact the Tax request precautionary measure deprivation of liberty, ie detention in order to ensure the appearance of the defendant to process and serve a sentence as long as it meets the requirements of Art. 534 of the Code of Criminal Integral which are as follows : 1. sufficient evidence of the existence of a crime of public exercise of the action; 2. Elements of clear and precise that the processing is author or accomplice to the offense or conviction; 3. Evidence of which is shown that the non-custodial precautionary measures of freedom are insufficient and that preventive detention is necessary to ensure his presence at trial or enforcement of sentence; 4. That the case of an offense punishable with deprivation of liberty exceeding one year; at that hearing the processing for time and quality of apprehended not have the facilities to show what criminal law is called root and undermine the requirement in paragraph 3 of Art. 534 of the COIP, and to indicate that the prison is not necessary preventive and alternative measures apply equally ensure the appearance of the accused to the process as the presentation to the judge or prosecutor fortnight and Prohibition from leaving the country, other measures sufficient non-custodial. A time either to provide evidence which it proves that the non-custodial precautionary measures of freedom are sufficient you need to collect labor, social, family, economic information and in the main the address where the defendant lives, the search is almost impossible to collect at the end of 24h00, for the reasons already stated; therefore procedurally by not processing these signs show, the judges accepted the request of the Prosecutor and have the Remand; . Lawyers free exercise of the profession pursuant to Article 653 of the COIP appeal of the decision in this case granting custody to one of the specialized chambers; more happens that when the members of the Chamber indicated day and time to be carried out by the Oral Hearing where the appeal is resolved that the appellant makes the decision granting custody, appointed day and hour of the interventions recurrent and counterparty after the end of the debate, the room comes to solve only merit of the proceedings, not allowing the introduction of documents to prove that the non-custodial preventive detention measures are sufficient to ensure the presence of the accused trial and execution of a sentence; so the judges after analyzing all the requirements ratify the custody being processed defenseless; thus violating the constitutional presumption of innocence, because everyone is innocent until proven guilty, the right to freedom enshrined in the Constitution of the Republic of Ecuador and the universal principle of freedom; While it is true there is a possibility in the back of requesting the revocation, replacement, suspension or review of pretrial detention until the procedures are followed and would processing with preventive custody a few months and this could trigger the loss of his work, social, economic and family etc. In this context an anomalous behavior that violates the presumption of innocence and freedom enshrined in the Constitution of the Republic of Ecuador, treaties, international covenants and conventions, so unfounded and transgresses the provisions of the rules laid down arises and other laws or regulatory bodies of the legal system, a problem exacerbated by the lack of standards and reforms to criminalize a true oral procedure in criminal proceedings to enable lawyers and Lawyers free exercise of the profession to sponsor the causes can demonstrate the pervasiveness of their defended before the judges of the Specialized Criminal Chamber, thus respecting the legal precepts and principles established in the Constitution of the Republic and international agreements hierarchically superior standards in the Ecuadorian legal system.

• Main Author: Jaramillo Martínez, Carlos Alberto (author)
• Format: bachelorThesis
• Language: spa
• Published: 2016
• Subjects: DERECHO; INGRESO DE DOCUMENTOS; PRISIÓN PREVENTIVA; DELITOS FLAGRANTES
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/17066