La fijación de la caución y el principio de proporcionalidad en los delitos penales

Abstract

The present investigation project that has as its theme: "THE FIXATION OF THE CAUTION AND THE PRINCIPLE OF PROPORTIONALITY IN CRIMINAL OFFENSES" has the purpose of investigating the fixing of the bond and its relation with the principle of proportionality in criminal offenses. Since, when there is disproportion, at the moment of fixing a bond within a criminal process where this substitute measure of deprivation of liberty can be, the processed persons could not access it. This research project analyzed the fixing of the bond in the criminal trials in the Criminal Judicial Units of the Ambato canton and determined in what way processed persons are accessing the principle of proportionality to propose a proposal for an effective solution to the disproportionality of fixing a guarantee within the same trial to different stakeholders, allowing to guarantee the principle of proportionality and effective access to substitute measures. This project was carried out with a method of bibliographical and field research, since a questionnaire with eight questions was applied to legal professionals on the subject, so that they could express their opinion based on the knowledge they have about this legal problem. . In addition, after the completion of this project, it was concluded that the creation and application of a table is necessary for criminal judges to use it, to set a bond in a technical, efficient manner and that the bond established in accordance with the crime or infraction committed by the defendant.