La caución en delitos de juicio de procedimiento directo de la unidad judicial penal de Ambato y el principio constitucional de proporcionalidad

Abstract

The surety is that legal figure with which it is intended to guarantee the presence of the person processed in court; since it suspends the effects of preventive detention; so that once the responsibility is determined, everything can be restored to its normal condition that by actions or omissions have affected things or people; In criminal matters, the judges tend to ensure compliance with the sanction for the typical, unlawful act committed by the defendant and in a certain way improve the condition of that person who has been affected in some way, since this person becomes a victim the state guarantees the existence of means that allow something to remedy the injury suffered; However, it is necessary to point out that it is not only possible to ensure the rights of the alleged victim, but also to ensure the rights of the person to whom the crime is imputed and it is here that as long as there is no conviction, one must ensure the constitutional right to which every person is entitled, this being that of freedom; if there is indeed an investigation into the commission of a criminal act, it is as such an investigation, and therefore the deprivation of liberty covered by the figure of preventive detention must be considered ultimatum; reason for which the same regulations, this being the Comprehensive Organic Criminal Code in the Ecuadorian case which provides for the figure of the surety in order to suspend the effects of preventive detention; Now, once it is about the surety, it is necessary that in order to fix it, the conditions and characteristics contemplated in the same legal body be taken into consideration in order not to violate the constitutional principle of proportionality; however this last precept has been broken in the application; since despite the fact that the regulations are clear; However, the judges at the time of setting the bond do so arbitrarily since it amounts to values that the defendants cannot meet, so compliance with preventive detention is a reality.