La medida cautelar de prisión preventiva y la presunción de inocencia en el proceso penal ecuatoriano
This research work analyzed the precautionary measure of preventive detention and the presumption of innocence, in that sense, the nature of the precautionary measure of preventive detention in the Ecuadorian criminal process was examined, the scope of the presumption of innocence and The requiremen...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2020
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| Subjects: | |
| Online Access: | http://repositorio.uotavalo.edu.ec/handle/52000/355 |
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Add Tag | Summary: | This research work analyzed the precautionary measure of preventive detention and the presumption of innocence, in that sense, the nature of the precautionary measure of preventive detention in the Ecuadorian criminal process was examined, the scope of the presumption of innocence and The requirements for the application of the precautionary measure of preventive detention were analyzed with the purpose that corresponds in turn to the presumption of innocence. That said, the work starts from the problem related to the non-observance of the requirements of origin of the precautionary measures and procedural principles applied to them, therefore, the idea of considering that everyone is considered as innocent until they the opposite is not proven; and when a precautionary measure is applied, such as preventive detention, it must be carried out to ensure its presence in the process and to guarantee an eventual execution of a ruling, however, it cannot be used arbitrarily and without considering the theoretical requirements required by procedural dogmatics. It is a qualitative, descriptive, documentary research. As a result, it is evident that the measures are not applied in accordance with the required requirements, which consequently affects the presumption of innocence. |
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