Browsing by Author "Galarza Mayorga, Miriam Raquel"

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    La Prisión Preventiva en el Delito de Apropiación Fraudulenta por Medios Electrónicos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-28) Galarza Mayorga, Miriam Raquel; León Trujillo, Edisson Santiago
    Preventive detention constitutes a precautionary measure aimed at ensuring the defendant's appearance and the enforcement of the sentence. In cybercrimes such as Electronic Fraudulent Appropriation, its application becomes particularly relevant due to the transnational nature of these crimes, which facilitates the evasion of justice by offenders. Furthermore, preventive detention is an exceptional measure; therefore, its application requires strict necessity and compliance with legal requirements to avoid arbitrariness. The objective of this research is to discuss the application of preventive detention in the crime of Electronic Fraudulent Appropriation. This study is framed within an explanatory investigation, employing a qualitative approach primarily supported by a bibliographic-documentary analysis. Consequently, this work falls under the research line of public policy, law, and society. The main finding is that the application of preventive detention in the crime of Electronic Fraudulent Appropriation depends on the particularities of the case, considering the transnational nature of the offense and compliance with the legal requirements established in Article 534 of the COIP. Interviews conducted with judges in the canton of Ambato revealed that the imposition of preventive detention requires a comprehensive legal analysis. This measure does not depend on the severity of the crime but rather on the requirements established in Ecuadorian law. In the case of fraudulent appropriation, a critical factor is the procedural risk involved in this crime. Therefore, to meet its purpose, it would be feasible to impose a precautionary measure of preventive detention. Since this crime may acquire a transnational nature, a tool that can aid in the proper development of the process is the Red Notice. Accordingly, it is concluded that preventive detention is essential in handling the crime of Electronic Fraudulent Appropriation. However, its application must adhere to rigorous criteria of proportionality, necessity, and suitability, in compliance with domestic regulations and international human rights standards