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Aplicación de la prisión preventiva en delitos sancionados con privación de libertad de hasta cinco años en el Cantón Esmeraldas

Abstract:

This research work deals with the application of preventive detention in in crimes punishable by deprivation of liberty of up to five years in the Esmeraldas canton, which shows that in certain cases there is non-observance of the principles of presumption of innocence, proportionality and necessity, and abuse in the application of this measure, due to the lack of electronic surveillance devices, causing the violation of constitutional rights, such as the right to defense, since the person being incarcerated under this precautionary measure cannot defend himself on an equal basis conditions, violation of the right of the presumption of innocence, proportionality and necessity, and abuse in the application of this measure, due to the lack of electronic surveillance devices, causing the violation of constitutional rights, such as the right to defense, since the person being incarcerated under this precautionary measure cannot defend himself on an equal basis conditions, violation of the right of the presumption of innocence, for depriving a person of liberty without having been sentenced, the constitutional norm in article 77 numeral 1 allows preventive detention to guarantee the appearance of the accused in the process, as well as indicates that It will not be the general rule, for this reason Article 77 numeral 11 of the same stable Magna Carta It is necessary for the judges to apply alternative precautionary measures to deprivation of liberty. For this reason, it is recommended that the state create a law reform to regulate the application of preventive detention in these crimes and provide sufficient electronic surveillance devices to the judicial function of the Esmeraldas canton to reduce the indiscriminate application of preventive detention, and avoid overcrowding in prisons. The type of research used in this study was qualitative research through the inductive method, through interviews with experts.