La Prisión Preventiva como única Medida Cautelar Personal, en Delitos contra la Eficiencia de la Administración Pública

The present thesis entitled: "Pre-trial detention as the only personal precautionary measure, in crimes against the efficiency of the Public Administration", arises from the need to combat the corruption of the country and that the crimes committed against it not only remain with a sentence dictated but that the offender complies with the custodial sentence and the integral reparation of the victim; subject that generates great social controversy because it is the precautionary measure that directly restricts the right to personal liberty. Ecuadorian society is tired of committing crimes against the efficiency of the Public Administration committed by public servants, in violation of article three, paragraph eight, of the Constitution of the Republic of Ecuador, which guarantees its inhabitants the right to a culture of peace, to integral security and to live in a democratic society free from corruption. The anti-corruption policies that the government has proposed to counteract this juridical-social problem are not sufficient because when they are applied, the judgement is achieved but the accused, having been public servants, manage to evade or hinder the process through mechanisms of manipulation or escape, this is due to the ineffectiveness of the personal precautionary measures dictated in the criminal process. 6 The personal precautionary measures currently applied to those accused of crimes against the efficiency of the Public Administration are ineffective, generating doubts in the general public about the existence of true justice, criminal conduct of the same nature where in one case the judge applied preventive detention while in another the prohibition of leaving the country was applied. In the former, it is possible to obtain compliance with the sentence and full reparation, while in the latter, where pretrial detention is not imposed, they are somehow hindered, the most common being the escape of the accused. In view of these facts, the judges are released from responsibility for freedom in the application of other precautionary measures that do not serve their purpose and hinder the criminal process and enforcement of the sentence. The purpose of this investigative work would be for members of the Criminal Guarantees Courts, when prosecutors request the application of personal precautionary measures, to be able to dictate, as the only personal precautionary measure, preventive detention for crimes against the efficiency of the Public Administration, committed by public servants and sanctioned with a custodial sentence of more than one year. For the development of this investigative topic, the general objective was to conduct a doctrinal, legal and social study on pretrial detention for the active subject responsible for crimes against the efficiency of the Public Administration; as well as three specific objectives, the first to determine the 7 need for the implementation of pretrial detention as the only precautionary measure in crimes against the efficiency of the Public Administration; The second is to establish the violation of rights generated by the substitution of pretrial detention for crimes against the efficiency of the public administration and the third is to propose a project to reform the Comprehensive Organic Penal Code on the subject under investigation, which was complied with during the preparation of the investigation. The theoretical, legal and doctrinal collection, the application of surveys, interviews and case studies made it possible to promote a discussion of the subject with different points of view, with clear and precise results regarding the application of pretrial detention as the only personal precautionary measure in crimes against the efficiency of the Public Administration. The research determined that the proposal would be applied to crimes committed by public servants and punished with prison sentences of more than one year. This was preceded by an investigation with legal criteria and reasoning on which to base an enforceable proposal.

• 主要作者: Quizhpe Guamán, Johanna Cecibel (author)
• 格式: bachelorThesis
• 语言: spa
• 出版: 2019
• 主题: DERECHO; PRISIÓN PREVENTIVA; MEDIDA CAUTELAR; DELITOS
• 在线阅读: http://dspace.unl.edu.ec/jspui/handle/123456789/21756