The search of residence in Ecuador according to the Comprehensive Criminal Organic Code and the possible violation of Due Process

Abstract

This article has been developed with the objective of determining if the procedure of the search diligence in Ecuador in relation to the Comprehensive Criminal Organic Code, is being carried out in an adequate manner or if it is violating the rights of people. For which a type of descriptive study with a qualitative approach is applied, whose purpose is to illustrate with real data the excess in the raid procedures, which often cause violation of human rights, also causing physical and material damage. As a result, it is stated that due process concerns a series of rights so that a person can adequately exercise their defense, and that the legal procedures that are carried out have full observance of the fundamental principles recognized by international instruments, as well as by the Constitution of Ecuador, with which it seeks to avoid arbitrary actions on the part of the State, in this sense, the procedure of search of residence so that it can be executed must have a correct legal motivation, since fundamental rights are violated such as the inviolability of domicile, as well as the rights to human dignity, personal integrity, legal security and guarantee of due process and therefore there must be irrefutable evidence that leads to such action in order to have fruitful results for the purposes of the investigation, also in comparison with the penal legislations of Peru, Argentina and Venezuela, it should be contemplated for the procedure that schedules be established in which the search can be carried out, as well as having the presence of witnesses who certify the respect of rights. It is also important to have sanctioning provisions for authorities and personnel involved in the events, when consequently constitutional rights have been violated and the operation is unsuccessful for the purposes of the investigation.