Derecho a la libertad y aplicación de la prisión preventiva en delitos de robo y hurto

Abstract

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.