The damage to the property of others caused in the raids as special investigative actions in the city of Manta

Abstract

This article was developed with the objective of analyzing the damage to other people's property caused in raids as special investigative actions in the city of Manta. For this, the proposed methodology consisted of a type of descriptive research, with a qualitative approach, resorting to the documentary bibliographic technique. Among the main results, it is evident that there is a considerable margin of these actions that yield negative results, which are represented in 67 of the 223 approved applications. In addition, there is a generalization to carry out these procedures at night, so they are not notifies the owner or occupants of the property that is going to be intervened, and the entry of the authorities is mandatory by breaking the door and locks, where in the most extreme cases damage is also caused to the furniture and belongings that are inside the property. property by virtue of the search carried out, and when these proceedings are unsuccessful, the law does not contemplate patrimonial reparation by the State.

Likewise, there is no regulation that allows administrators and justice operators to be sanctioned when these circumstances arise. It is concluded that a legislative reform must be carried out on the home search procedure in Ecuador to institutionalize the unlawful damage, for when these proceedings are negative, so that the State takes financial responsibility for the damage caused, with the right of repetition against to the servers who caused said damage.