LA VULNERACIÓN DEL PRINCIPIO DE INOCENCIA AL MOMENTO QUE EL JUEZ DICTA LAS MEDIDAS CAUTELARES EN UN PROCESO PENAL

This thesis entitled: "The violation of the principle of innocence when the judge issues Precautionary Measures in criminal proceedings", is based on breach of the principle of innocence enjoyed by every person in a criminal trial, however, is being unobserved when the judge issues the injunction on remand, and then processing proves his innocence, this principle is building a presumption in favor of the accused of a crime, under which it is considered innocent until it has not established criminal liability by a final judgment. The Constitution recognizes the quality of innocent people and also not to force him to do anything to prove it, or this person does not have at all to prove his innocence, is enough and to spare the most absolute passivity, so is the procedural guarantee greater importance. . Article 76 of the Constitution of the Republic states in any process in which rights and obligations of any order are determined, you will ensure the right to due process that includes the following basic guarantees: 2. innocence of any person is presumed , and will be treated as such, his responsibility is not declared by a final decision or final judgment. The content of the presumption of innocence requires that the conviction and, therefore, the application of a penalty, can only be based on the certainty of the court fails on the existence of a punishable act attributable to the defendant, pursuant to international standards, the accused must be considered innocent until proven guilty. The theoretical, legal and doctrinal gathering, conducting surveys and interviews yielded widely recognized criteria clear and precise basis of 5 literature, which contributed to the verification of the objectives and the testing of the hypothesis concerning this practice; both the Constitution of the Republic of Ecuador, such as criminal law criminalizing the principle of the presumption of innocence of every person in criminal proceedings

• Autor principal: Cabrera Rojas, Katherine Lizzette (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2015
• Assuntos: DERECHO; VULNERACIÓN; INOCENCIA; CAUTERALES
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/10487