The abuse of preventive detention in the formulation of charges in robbery crimes in the second semester of the year 2021 in the canton of Cuenca

Abstract

Pre-trial detention is the power of the State Attorney General's Office to require the Judges or criminal guarantees to adopt preventive measures against the accused to ensure that the accused appears in criminal proceedings, and compliance with comprehensive reparation for the benefit of the victim and the execution of the sentence. Consequently, this request can be made in two moments, a first moment in the Hearing of Flagrancy and a second moment in the Hearing to formulate charges, however, this request must be motived according to the need pf each process. The study was conducted with a qualitative-quantitative approach, using synthetic, inductive analytical methods, such as the filing technique and documentary review. The study is conducted by collecting information and tabulating where a review of the judicial file is conducted, and six questions are submitted with yes or no answers to make a summation and determine if there is an abuse in the application. In conclusion, the request will be granted or denied by the Judge of Criminal Guarantees assigned to the case. This acknowledgment must be justified, because if there is no motivation for the preventive measure, a violation of due criminal process and innocence by the Judge could be established.