The expiration of preventive detention

Abstract

Introduction: The legal status of a person prosecuted or serving a precautionary measure of pre-trial detention, which serves as a last resort before trial, is of paramount importance. This is due to the apparent contrast between the provisions of the Constitution of the Republic of Ecuador and the Organic Comprehensive Criminal Code within our legal system. The constitutional norm establishes that pre-trial detention must be revoked once the periods of 6 months for crimes punishable by imprisonment and 1 year for crimes punishable by imprisonment have expired. This provision lays down a time limit for deprivation of liberty in relation to various offences. These limits should not be exceeded. However, the Organic Comprehensive Criminal Code further develops the constitutional provision and specifically addresses the concept of the expiry of pretrial detention. It has the particularity that it suspends the time limit for the enforcement of the judgment once it has been delivered. This suspension contradicts the constitutional norm and violates the right to the presumption of innocence. Objective: to ensure its consistency with the constitutional norm and to prevent any violation of the presumption of innocence of the persons prosecuted. Methodology: qualitative approach. It involves a thorough review of the relevant literature and the application of criteria, theories, and legal laws to substantiate the findings. The level of depth of this research is descriptive and explanatory, which allows us to describe the main characteristics and fundamental causes of the expiry of pretrial detention. Conclusion: This research work establishes that compliance with criminal law contradicts constitutional norms. There is a discrepancy between our constitution and criminal law since the suspension of time limits when a sentence is handed down violates the right to liberty and the presumption of innocence when the constitutionally established period of pre-trial detention is exceeded. Therefore, a reform of our criminal legislation is proposed to address this issue. General Area of Study: expiration of preventive detention in Ecuador.