Caducidad de la prisión preventiva y propuesta de reforma al artículo 541 del Código Orgánico Integral Penal.

Abstract

The procedural systems at the level of the Latin American region have been subject to various regulatory reforms, especially those regulations aimed at guaranteeing the stability of due process and the support of Human Rights based on what is instituted as a process, now criminal. , now not criminal. Precisely one of these situations subject to reform has been the regime of precautionary measures focused on and in the process, and even more so, that personal measure criticized for decades such as preventive detention and its consequences within the sphere of the criminal process. Hence, rationalization and temporality emerge as integrating and guiding elements at the time of dictating it to ensure adherence of the accused at the time of his forced appearance in the process, as well as considering in extremis features a measure that ensures an early sentence. The present academic research presents an analysis with a critical perspective and a suggestion for reform of the criminal procedural institution of preventive detention as a precautionary measure contained in the Comprehensive Criminal Organic Code, and how the causes of temporality and expiration operate under the parameters of effectiveness and guarantee. For the rights of subjects immersed in the criminal process, using qualitative methodology. Thus, at least 3 main sections of study and criticism are presented regarding origin, temporality and regime of rights that arise as a rule for the stability of the precautionary measure of deprivation of liberty.