La detención con fines investigativos - vulneración a los derechos de libertad y presunción de inocencia.
This study addresses the issue of detention for investigative purposes, considering it a violation of the rights of freedom and presumption of innocence, since the current criminal law does not establish specific requirements that must be met. In these circumstances, the person under investigation r...
Gespeichert in:
| 1. Verfasser: | |
|---|---|
| Format: | masterThesis |
| Sprache: | spa |
| Veröffentlicht: |
2022
|
| Schlagworte: | |
| Online Zugang: | http://repositorio.uotavalo.edu.ec/handle/52000/841 |
| Tags: |
Tag hinzufügen
Keine Tags, Fügen Sie den ersten Tag hinzu!
|
Tag hinzufügen | Zusammenfassung: | This study addresses the issue of detention for investigative purposes, considering it a violation of the rights of freedom and presumption of innocence, since the current criminal law does not establish specific requirements that must be met. In these circumstances, the person under investigation remains detained until he is involved in the trial, thereby violating the right to due process, guaranteed in the Constitution of the Republic of Ecuador. Furthermore, this practice affects the principle of innocence in criminal proceedings. With this premise, in this article, the background of due process, its development in Ecuador, as well as the definition of the presumption of innocence and the right to freedom are presented. The developed method had a qualitative approach, with the doctrinal, jurisprudential and current regulations analysis. Therefore, an objective interpretation of the proposed study is addressed in order to obtain conclusions according to the investigated topic, that is, it intends to observe and explain the different aspects that originated the problem. On the other hand, there is a documentary-type investigation, since a review of documents is carried out that allows access to the content of the information exposed by various authors, both national and foreign, in relation to the detention for investigative purposes, providing special attention to the impact on the rights of freedom and presumption of innocence, in order to determine the factors that lead to the subject breaking the norm, taking as a starting point studies addressed previously in order to establish a logical conception that provides and has legal relevance to the subject matter. With this background, the need to reform articles 530 and 532 of the Organic Comprehensive Criminal Code in relation to the duration of detention for investigative purposes is based. |
|---|