Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Palate Palate, Byron LizandroSubject: search.filters.subject.COIP

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    La prisión preventiva establecida en el Art. 534 del código orgánico integral penal por infracciones de tránsito y el derecho a la presunción de inocencia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-11) Palate Palate, Byron Lizandro; Pazmiño Vargas, Klever Alonso
    The law assures an appropriate justice administration for every person in the society by means of his different legal codes that secure the fulfillment values and safeguard within a State, basics safeguards and primordial like presumption of innocence rather than the guilty. The preventive prison prescriptive in the Integral Penal Organic Code applied in traffic violations too contradictorily to the described before allow infringe the principle of innocence that all of people possess indisputably, as long as the judge says the opposite after judgments. In traffic subject the preventive prison should be an exception taking consideration of the dimension social alarm that it’s caused. Within the society the laws regulate the conduct of who form it and thanks to the accomplishment of the law the society achieve a harmony, this harmony is not broken by pleasure or single whim, especially when refer to traffic subject, the experts mention that a car driver round trip by the ways to do different activities in opposite no for contravene the laws or ignore it. Order the preventive prison for sanction anticipatorily a traffic violation produce a stage of fear at the moment of his application due to is suppose the guilty of someone before his own innocence; giving a place to the drivers decide to avoid this tricky situation and don’t proceed whit good faith staying in the place that occurred the infraction to take the reply of acts and check the infraction´s circumstances determining just like that the act´s nature and if the people deserve of this cautious measure that instead of correct the violators produce more people deprived of his liberty and like as final consequence the increase in the prison population.