Procedencia del recurso de apelación a la decisión del Juez De Garantías Penales que niega la aplicación de medidas sustitutivas a la prisión preventiva

The Constitution of the Republic of Ecuador and the International Legal Instruments of Human Rights enshrined freedom as one of the universal rights of human beings. That is why in the procedural rules, mechanisms are arranged through which you may claim those court decisions that restrict or limit the right to free movement of people. In the case of the Ecuadorian criminal proceedings one of the most common ways to restrict personal freedom, is the application of preventive detention to be issued in exceptional cases as they meet budgets explicitly stated in the Code of Criminal Integral to appropriate to implement this measure. Judicial decisions relating to the imposition of preventive detention, in order to ensure that they comply with the constitutional and legal provisions, can be appealed. But this resource is not appropriate for decisions to refuse the replacement of preventive detention by another precautionary measure, leaving aside the fact that the current Ecuadorian criminal procedure law envisages that preventive detention be replaced by other measures less serious to protect the fundamental freedom as a fundamental right of individuals, and therefore judgments that deny substitution should be challenged through the appeal to a higher court decides whether the restriction is not legitimate and it is adjusted to the constitutional and legal provisions, which determine which preventive detention shall be used only in exceptional cases and as a last resort to ensure compliance with the purposes of criminal proceedings. The problems described, is studied in this paper, which is titled "ORIGIN OF APPEAL DECISION TO CRIMINAL JUSTICE OF WARRANTIES TO DENY THE APPLICATION OF ALTERNATIVES TO PRISON PREVENTIVE". In the study a broad theoretical analysis, based on concepts, scholarly opinions and critical review of legal norms, as well as information collected from legal professionals who gave their views on the survey and interview, this collection presents all can arrive conclusions and recommendations and finally make the approach of the legal proposal to reform the Penal Code of Integral

• 1. autor: Pinzón Ríos, Christian Israel (author)
• Format: bachelorThesis
• Język: spa
• Wydane: 2016
• Hasła przedmiotowe: DERECHO A LA LIBERTAD; PROCESO PENAL; DEBIDO PROCESO; MEDIDAS CAUTELARES
• Dostęp online: http://dspace.unl.edu.ec/jspui/handle/123456789/9165