Las medidas cautelares en los delitos cometidos por los funcionarios públicos.

Abstract

The purpose of this thesis work is to conduct a legal review and analysis of the precautionary measures ordered within criminal proceedings against public officials, particularly focusing on the application and effectiveness of these precautionary measures within the criminal justice system. An investigation will be conducted into the different precautionary measures established in the Comprehensive Organic Criminal Code, with a special emphasis on the precautionary measure of preventive detention. The precautionary measure of preventive detention is conceptualized in the Comprehensive Organic Criminal Code, with the aim of ensuring the presence of the accused person throughout the different stages of the criminal process. However, to order this precautionary measure, it is important to consider constitutional principles, among which is the idea that preventive detention cannot be applied as a general rule within precautionary measures, since freedom should prevail whenever possible. Therefore, an in-depth analysis will be conducted to determine whether the requirements for ordering preventive detention are met. The objective of this work is to find solutions and recommendations to prevent the arbitrary ordering of precautionary measures, respecting the human rights established in the Constitution with the aim of ensuring a fair and equitable judicial system in Ecuador