La aplicación de la prisión preventiva no cumple su finalidad

Abstract

Personal protective measures are the legal means by which the prompt trial of the accused / defendant in criminal proceedings is guaranteed and enforce the judgment that will resolve the merits of the case, as determined under the constitutional provision and the Act, however, has been a topic of discussion in Ecuador and other countries, as it has to do with the abuse of preventive detention by judges, either by failure of budgets, lack of knowledge of the law, or simply satisfy certain social classes; it being understood that the prohibition of freedom in these cases is not the rule, but exceptional application; leading to the need for reform or rather is made is implemented in the Integral Organic Penal Code, subjective requirements, enabling operators justice, better applicability of this injunction personal. The work includes a detailed analysis of custody, the effects in your application, the procedural immediacy, and a proposal to improve the current drawbacks in its applicability.