Excessive use of pretrial detention by the Public Prosecutor's Office in the face of violated rights of defendants

Abstract

The present investigation will be in charge of describing, through a legislative analysis of the constitutional norm, the rules of preventive detention established in article 534 of the Comprehensive Organic Criminal Code (COIP), in front of the roles of the prosecution, established in the Code Organization of the Judicial Function (COFJ), and in turn what are the characteristics of preventive detention, what it is for and when it is adopted, within a criminal process and what should be the requirements, for the Judge to accept this request on the part of of the Prosecutor's Office 

It will be analyzed which are the violated rights and Principles, due to the common practice of some Prosecutors to mechanically request and without due supporting evidence, the precautionary measure of preventive detention, established in article 522 of the Comprehensive Organic Criminal Code, thus ignoring that said measure is of ultima ratio, versus what is established in article 5 numeral 2 of the COIP, which refers to the principle of favorability since it would be specifically violating the Right to Liberty and would be ending the presumption of innocence . 

          The constitutional norms will be analyzed, such as the right to individual liberty, the right to life, since it is one of the fundamental guarantees inherent to the human personality, this prerogative is subject to the enjoyment of other rights prescribed by the Constitution and the laws and they would be violating within the hearings of flagrante delicto, by the Prosecutors and judges of Ecuador.