Análisis de la prisión preventiva como medida cautelar.

Abstract

The precautionary measures in Ecuador are established in the current integral criminal organic code, and these are applied to the persons prosecuted to guarantee their appearance and thus the development of the process is not delayed. It is the case that judges and prosecutors without motivating and justifying the precautionary measure of pretrial detention, this is applied to people who have a fixed job, do not have a criminal record or other ongoing processes, and all the roots that merit another precautionary measure, that does not violate the constitutional principle; Article 76 numeral 2, the innocence of any person prosecuted is presumed, until a final, literal sentence is declared, C, to be heard in a timely manner and on equal terms. Preventive imprisonment of a prosecuted person is also an advance to the penalty that has not yet been imposed by a competent judge. For all the conditions of overcrowding of the prisons in the country are known, which with the presence of people prosecuted without firm sentences, bring with them all kinds of evils, among others violence, proliferation of contagious diseases, physical abuse, with death threats to the new PPL, who has to pay money for not assaulting them, also the psychological effect on the family and their social environment.