Aplicación desproporcionada de la prisión preventiva en delitos con pena menor a cinco años.

Abstract

The general objective of this research was to analyze the improper application of pretrial detention in minor crimes in Ecuador, for which the doctrinal foundations relevant to pretrial detention and its evolution were determined, pretrial detention was described as contemplated in the Organic Code Comprehensive Criminal Law and finally, a legislative reform to the Organic Code was proposed in numeral 4 of article 534 for the purpose of applying this measure as an ultima ratio. The mixed approach was used in order to achieve the objectives set at the beginning of this investigation and to be able to address the issue of the improper application of preventive detention in minor crimes in Ecuador in greater depth. qualitative, at the time of carrying out the doctrinal analyzes and the in-depth interviews. In this same sense, the quantitative approach was used at the time of performing the statistical analyzes of the surveys carried out on the study problem. Finally, it was concluded that preventive detention is a precautionary measure that aims to keep the accused or defendant linked to the process and that in this way at the end of it if there is a conviction, it can be executed. However, preventive detention, as the most complex precautionary measure, must be proportional to the crime investigated, since it is an exception to the principle of trial in freedom.