Boleta de detención con fines investigativos y su vulneración al debido proceso.

Abstract

Within the following work, the abuse of the detention ticket for investigative purposes by the State Attorney General's Office will be discussed. Establishing that within the Ecuadorian criminal procedural system this legal figure is not properly regulated, leading to a number of abuses against suspects from the moment it is ordered by the Judge of Criminal Guarantees in Flagrant Crimes until the moment it is captured the suspect; the Fiscal Agent takes the free and voluntary version; and, with the excuse that he has sufficient elements to formulate charges, within the 24 hours that the detention ticket lasts, he requests the judge in flagrante delicto the hearing to formulate charges against the suspect; leaving their trusted lawyers without enough time to prepare a sound defense or worse still, carrying out the diligence without their trusted lawyer and being sponsored by a public defender. as I established in previous lines, this work will be in charge of evaluating in detail, throughout the procedure, how the constitutional guarantees of due process have been violated.