La afectación del principio de inocencia en la detención con fines investigativos.

Abstract

Ecuador is recognized in its own Constitution as a state that guarantees rights and in accordance with international human rights instruments, the Principle of Innocence is recognized as one of the fundamental pillars of due criminal process. The internal legislation itself, through the Organic Integral Penal Code, establishes penal guarantees which must be protected in accordance with the Constitution. However, the use of detention for investigative purposes in Ecuador has been suffering from abuses by justice operators, who violate the Principle of Innocence through the incorrect application of detention for investigative purposes, which in most cases, do not comply with the provisions of the Organic Integral Penal Code. Through this investigation we will establish and determine in a precise and objective manner, why the Principle of Innocence is violated through detention for investigative purposes in Ecuador.