La prisión preventiva en el Ecuador y la necesidad de eliminar el capítulo cuarto del libro tercero del código de procedimiento penal

Article 77 of the Constitution of the Republic of Ecuador , in Article 77, mandates that preventive detention is an exceptional measure , so at the end of paragraph one above mandate states: "The judge or judge may always order other than pretrial detention "precautionary measures. And in the second paragraph of section 14 orders. “Who has stopped a person with violation of these rules will be punished Act established criminal and administrative penalties for the arbitrary detention to occur on excessive use of police force, under or abusive interpretation or other rules violations or for discriminatory reasons.” The guaranteed individual freedom constitutionally, is bounded by the figure of custody whose purpose is not to punish the defendant for committing a crime, it is seen that such liability arises only with the conviction, but the need for ensure the appearance of the accused to the process or to secure the default penalty. Since the constitutional and legal perspective the right of all contemplated not to be deprived of liberty except in the manner and in the cases provided by law, from which it appears that the previous definition of the reasons that may lead to deprivation of freedom is an expression of the principle of legality, according to which the constituent is, by law, the call to identify the assumptions on which such disqualification is legally viable with. Hence in our legal system there are multiple materials judicial controls and actions of the authority and which is regulated in the Habeas Corpus Action and Protection when it violates or threatens the fundamental right of personal freedom , in this case seeks to Judge upholds a component of the constitutional order. Criminal law seeks a preventive order that applies regardless of the punishment, but it works through a system of precautionary measures and generally to personal liberty and property, which operate under a set of conditions that justify the imposition measure, in a kind of state reaction to the possible commission of a crime, as a principle of minimum intervention against attacks from coercive social danger, certainly the task of protecting society. Individual freedom constitutionally guaranteed , is bounded by the figure of custody whose purpose is not to punish the defendant for committing a crime, it is seen that such liability arises only with the conviction, but the need for ensure the appearance of the accused or the process to ensure compliance of the penalty so provided in paragraph 1 of Article 77 of the Constitution of the Republic, so that the right of personal freedom , despite being recognized as a basic element Structure and State Constitutional Rights and Justice, misses within the law absolute.

• Yazar: Costa Córdova, Tatiana Ivanovsna (author)
• Materyal Türü: bachelorThesis
• Dil: spa
• Baskı/Yayın Bilgisi: 2014
• Konular: DERECHO
• Online Erişim: http://dspace.unl.edu.ec/jspui/handle/123456789/16659