Análisis de la Prisión Preventiva establecida en el Art. 534 del COIP, frente al Principio de Presunción de Inocencia contemplado en el Art. 77 numerales 1 y 11 de la CRE.

Abstract:

In the present work, preventive detention was analyzed against the principle of the presumption of innocence, on the doctrinal basis and the correction to the CRE, to its Art. 77 numerals 1 and 11, in relation to preventive detention and non-use of other alternative measures to this, the same one that changed the exceptional character and the priority use of alternative precautionary measures to preventive detention, by the state of necessity. Its objective is to elaborate a constitutional amendment that guarantees the exceptional nature of preventive detention and the priority of applying other alternatives to this measure. The results of the interview demonstrated the need to do so through a proposed constitutional amendment. It was concluded that constitutional rights would be violated by excessively applying this precautionary measure. Likewise, it is recommended that the judges motivate their decision by assessing what is established in the CRE and the Law and, when making the decision to accuse and request this measure, prosecutors must do so in a well-founded manner and when other measures are not effective.

Año de publicación:

2022

Keywords:

• PRISIÓN PREVENTIVA, EXCEPCIONALIDAD, PRIORIDAD, PRESUNCIÓN DE INOCENCIA, DERECHO DE LIBERTAD.

Fuente:

rraae