Procedimiento de la flagrancia en Ecuador a raíz de la reforma del COIP.

Abstract

In this degree work, a contrast is made between what our legislation establishes on flagrante delicto and what is established in human rights standards, in which it is observed that the reform to which the Organic Integral Penal Code was subjected explicitly in its article 529, which refers to the hearing of flagrante delicto, in its last paragraph is in contrast to what is framed in our Constitution of the Republic of Ecuador. The article indicates that the hearing may be held up to forty-eight hours after the apprehension, the above mentioned, regarding the time that a person deprived of liberty may be detained for committing a flagrant offense, is in contrast to what is established in our supreme law the Constitution in Article 77 paragraph 1, regarding the basic guarantees of the person deprived of liberty, which frames us that the person who has been captured for flagrant offense may not be kept in detention for more than twenty-four hours without trial. The above-mentioned contrast of norms leads us to the conclusion that constitutional principles and rights are violated, such as the reasonable time to be judged, due process, the right to personal liberty and the presumption of innocence.