Caducidad del arresto domiciliario.

Abstract

The present research topic regarding the expiration of house arrest is of utmost importance since it lies in establishing the temporality of said precautionary measure as a substitute or alternative measure for preventive detention in the various cases established by law. One idea of house arrest is to guarantee the comparison of a person during the conduct of a criminal process; Another idea resides in helping to decrease overcrowding in rehabilitation centers and once allowing them better access to the right of defense, especially if these people are part of the vulnerable groups that our supreme rule recognizes. However, despite these points to consider regarding house arrest, there are no unanimous application criteria concerning the temporality of said measure, as it is typified in preventive detention, which is why a legal vacuum is generated, causing in some cases an abuse of the measure. And in others an indulgence for its applicability. Within this same investigation, an in-depth analysis of Ecuadorian cases will be carried out where judges of the criminal guarantees courts have issued different criteria that question the time that the house arrest should be adjusted, in which they refer to the fact that it is not typified in Norm expresses that this measure must be subject to the rules of preventive detention regarding its expiration. Therefore, a recommendation is made to reform the Comprehensive Organic Criminal Code where the expiration of house arrest is defined.