Aplicación de la prisión preventiva a la luz de las reformas del Código Orgánico Integral Penal.

Abstract

Preventive detention is one of the precautionary measures that have caused discrepancies and legal controversy throughout history. The application of this precautionary measure deprives the freedom of the person to whom a crime is charged. The adaptation of pretrial detention, in turn restricts a number of fundamental principles, such as the principle of innocence. It is important to study this legal figure to avoid misuse and abuse of pretrial detention so that in this way the number of people in prison can be reduced while awaiting a conviction. At the same time this will allow this precautionary measure to be applied in an exceptional and temporary way, unless those prosecuted due to their conduct create certain procedural risks that must be taken into account, in such a way the State will need to apply the preventive detention to guarantee the purpose of the process as such.