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Presumption of Innocence: Analysis of its Application using Neutrosophic Methods

Abstract:

The application of the principle of innocence in Ecuador has irregularities since there has been an abuse of preventive detention, violating the constitutional and normative principle of the presumption of innocence. The justification for the preventive detention lies in the alleged need to ensure the accused's appearance. This turns this form of insurance into an early conviction because by proving his innocence at the hearing,the accused has already been unjustly deprived of his freedom, which leads him to suffer another series of damages. Therefore, it is necessary to study the subject to determine how to achieve its proper application. Thus, the main objective of this research is to analyze the legal panorama on the adequate application of the principle of innocence. For this, the neutrosophic Iadov method was applied to measure satisfaction with the regulatory legislation to determine an action plan for its correct application with the use of neutrosophic cognitive maps.