Análisis jurídico y doctrinario del allanamiento establecido en el art 481 del Coip y su repercusión al derecho de inviolabilidad de domicilio y garantías básicas del debido proceso

The present investigative work called "Legal and Doctrinal Analysis of the Raid Established in the COIP and its impact on the right of Inviolability of the Home and Basic Guarantees of Due Process" analyzes and understands article 66 numeral 2 and 22 of the Constitution of the Republic of Ecuador. Which refers to the dignity of the life of a person to which he is entitled and the inviolability of the home of which each person is entitled. This inviolability includes the impediment of not entering the person's home, registering or inspecting it, unless there is a court order, or when it is a flagrant crime. For which the Organic Comprehensive Criminal Code standard in its article 482 specifies and details the search procedure, which must meet the following parameters: 1.- The search must be carried out with the presence of the prosecution in the company of the National Transit Police and the people who duly authorize. 2.- If once the search warrant has been presented, the owner of the home or place refuses to deliver what was requested in the order issued by the Judge, the prosecutor will proceed to break the doors and locks found. 3.- Once the search has been carried out, the prosecution will proceed together with the authorized attendees to recognize the objects found related to the infraction. An interesting aspect of the search procedure that the same norm indicates is the one established in article 481, where the requirements for the search warrant are indicated. It is precisely within this article where it can be evidenced that the law states that in cases of "urgency" the prosecution may request the search verbally or by any other means it deems appropriate, provided that it leaves a record of the reasons for it. So the rule does not clearly specify how the prosecutor must make the request to the competent judge. So it leaves open the possibility of how the judge can authorize the requested search and leave a record of said act. That is why this paper analyzes legally and doctrinally how the search as a result of an urgent act affects or affects the right of people to the inviolability of the home and in turn to the basic guarantees of due process.

• Main Author: Correa Sánchez, María de los Ángeles (author)
• Format: bachelorThesis
• Language: spa
• Published: 2023
• Subjects: <DERECHO>; <COIP>; <DOMICILIO>; <DELITO>
• Online Access: https://dspace.unl.edu.ec/jspui/handle/123456789/26440