Unidad de Posgrado

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Subject: search.filters.subject.PRISIÓN PREVENTIVA

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    Derecho a la libertad y aplicación de la prisión preventiva en delitos de robo y hurto
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Jiménez Panimboza, Adriana Elizabeth; Guevara Fuentes, José Rubén
    The increase in the number of persons deprived of liberty in Ecuador draws the attention of all State institutions. State security is not reflected by the fact that there are more people incarcerated; On the contrary, in many countries a perverse circle of insecurity has taken root, where prisons constitute precisely one of its main links. The adversarial accusatory system, prosecutors and defense lawyers litigate before an impartial judge. But reforms to justice systems were oriented and had a fundamentally punitive approach, contravening logic, common sense and, above all, specialized recommendations. It should also be mentioned that Ecuadorian criminal legislation, as of August 10, 2014, the date on which the Organic Integral Criminal Code entered into force encouraged the abuse of pretrial detention. The judges currently issue preventive detention to a person without sufficient elements of trial since they do not know the profile of the persons processed, demographic data and family context: if they have family charges, labor relations, study, partner, income level, Disability, despite the lack of knowledge, judges issue preventive detention.
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    Prisión preventiva y el principio de proporcionalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Serrano Abraham, Maria Eugenia; Benavides Benalcázar, Merck Milko
    In Ecuadorian legislation, as in the international treaties and agreements ratified by Ecuador, preventive detention is a precautionary measure of a personal and exceptional nature, because it restricts the right to freedom of the person. The Organic Code of Comprehensive Criminal COIP, provides for preventive detention under Article 534, establishing the requirements that must concur for it to be ordered, these being: elements of conviction that demonstrate the crime for which it is being charged, elements on intervention the defendant, they must be clear and precise, evidence to justify that the other precautionary measures are insufficient to guarantee the appearance in the trial of the defendant and that the crime is punishable by a penalty of more than one year. Likewise, the Inter-American Court of Human Rights has pointed out that it is important that alternative personal measures be rationalized, since the indiscriminate application of preventive detention contributes to increasing the levels of prison overcrowding, a feature that is characteristic of Latin American countries. Precisely, the principle of proportionality established in the Constitution of the Republic of Ecuador is the ideal mechanism that allows the judge to impose a precautionary measure observing due process. This study addresses the importance of the effective application of this principle, so that preventive detention meets a true legal nature and does not become a prejudgment or an anticipated penalty.