La inconstitucionalidad de los límites para apelar a la prisión preventiva en el COIP.

Abstract

Ecuadorian criminal law, through the Comprehensive Criminal Organic Code as the governing regulation of the field, provides for the precautionary measure of preventive detention as a method to guarantee the appearance of the accused at the process that is going to be followed and, a direct guarantee of possible compliance. of a penalty; This measure is of last resort, provided that certain requirements are met that demonstrate that the procedural subject will not appear during the course of the procedural proceedings. However, this measure -being, clearly, deprivation of liberty- should be able to appeal at any time of the process, finding a limitation in the legislation that violates the provisions of the Ecuadorian Constitution in force since 2008, the same that grants several guarantees citizens in precaution of the fulfillment of their rights, among that one of the most important and inherent to the person: freedom.