Critical analysis of provisional detention without a court order or in flagrante delicto in Ecuador

Abstract

In the present research, a critical analysis was carried out on provisional detention without a court order or in flagrante delicto in Ecuador, so this research presents a qualitative approach, an exhaustive bibliographic review was carried out, likewise, synthetic, and inductive analytical methods were used deductive, logical – historical and dogmatic, in addition to bibliographic review techniques. After the critical analysis, it was justified that, although it is true that provisional detention without a court order or in flagrante delicto in Ecuador is intended to provide a quick response to the commission of a crime, therefore, when proceeding with the detention  the pertinent institution must proceed according to the constitutional mandate in relation to due process and its guarantees, it is worth emphasizing that the procedure for a legal detention to operate must be applied according to the specific case, in the case of proceeding to the detention of a national or a foreign citizen.