Flagrancia y la difusión pública en aprehendidos.

Abstract

This research focuses on analyzing how Article 529.1 of the Comprehensive Organic Criminal Code (COIP) violates fundamental rights of citizens, rights recognized and guaranteed by the Constitution of the Republic of Ecuador and analyzed in rulings issued by the Constitutional Court of Ecuador. This article of the COIP states that individuals apprehended in the act of committing the various crimes specified therein will be physically identified, and this identification will be disseminated to other citizens through various media outlets, provided the apprehension was legally carried out for a flagrant offense. This article emphasizes the legality that must be observed in arrests, but what about respect for the right to privacy, the presumption of innocence, human dignity, and honor and reputation? How can the image of an arrested person be exposed when they have not yet been convicted? And even if they were convicted, what is the purpose of exposing a person's image if such an action violates rights recognized in our supreme law? Even if the process ends with a verdict of innocence, the person who was prosecuted will still be exposed to exclusion or denigration by the community because their image has already been affected and shared with citizens due to the alleged commission of a crime.