Medidas alternativas a la prisión preventiva en el juzgamiento del delito de robo simple y derecho de libertad del procesado.

The right to freedom is consecrated as a human right, to all the basic freedoms that are inherent to the person, within them is the personal or individual freedom that is the central axis of the present investigation, the same one that is addressed from the conception as such in international human rights texts and its treatment in criminal procedural matters in relation to personal precautionary measures, particularly preventive detention. In this context, the investigation carried out has had the general objective of determining whether the inadequate application of preventive detention and the non-consideration of alternative measures in the crime of simple robbery violates the right to liberty of the accused. The inductive-deductive method has been used in order to know the general causes of the research topic, after making a specific synthesis on the application of alternative measures in the prosecution of the crime of simple robbery compared to the preventive detention of the accused applying the various legal criteria of international and national doctrine, as well as jurisprudence, to avoid the violation of the right to individual liberty of the accused. Among the conclusions reached is the need for a special treatment for the imposition of the precautionary measure of preventive detention for crimes such as simple theft, since the protected legal asset is a movable asset, which should not deprive more than the right to freedom of the person until there is a final sentence that establishes the custodial sentence typified for these cases.

• 主要作者: Macías, María B. (author)
• 其他作者: Intriago, Robert A. (author)
• 格式: masterThesis
• 語言: spa
• 出版: 2022
• 主題: Derecho Penal; Libertad; Medidas cautelares; Prisión preventiva
• 在線閱讀: http://repositorio.uotavalo.edu.ec/handle/52000/851