Control de poder punitivo y protección de la libertad personal, evaluación de la caducidad de la prisión preventiva en el ordenamiento ecuatoriano.

Abstract

When discussing a precautionary measure such as the one under study, it is evident that it can only be implemented when the defendant's presence in a criminal case cannot be guaranteed. This measure is defined as a precautionary measure that must be imposed by a judge as a last resort, since it constitutes a coercive measure against the right to liberty, as contemplated by the Ecuadorian Constitution. Based on this legal reality in Ecuador, it is necessary to point out that Constitutional Court ruling 22-20-CN recognized a structural gap in articles 541.3 and 541.5 of the Comprehensive Organic Criminal Code (COIP), as there is no clear procedure for executing the expiration of pretrial detention. Therefore, this research work seeks to propose a reform to Article 541, paragraphs 3 and 5 of the Comprehensive Organic Criminal Code, with the legal objective of filling this normative gap, guaranteeing the immediate release established in Article 77 of the Constitution of Ecuador.