Extensión del plazo de detención en delito flagrante dentro del marco constitucional ecuatoriano.

Abstract

In March 2023, the legislator reformed the criminal law to update the legal framework in order to address the wave of violence and insecurity gripping the country. The reform of article 529 of the Criminal Law exceptionally extends the detention periods in flagrant crimes occurring in hard-to-reach areas and/or high seas, up to a maximum of forty-eight hours or a reasonable period. The purpose of the reform is to be able to process crimes in flagrante delicto that occur in high seas and remote areas, as several jurists argued that the twenty-four-hour deadline was insufficient to bring those apprehended in remote areas to justice. However, the Constitution of the Republic of Ecuador, in Article 77.1, establishes a rule that prohibits the detention of any individual for more than twenty-four hours without a formal charge, without providing any exceptions. This reform creates legal tensions from a doctrinal perspective, as it conflicts with some guarantees and principles established in the Constitution and in International Treaties.