La aplicación de la prisión preventiva no cumple su finalidad

Abstract

Abstract: Personal precautionary measures are the legal means through which the procedural immediacy of the accused/defendant to the criminal process is guaranteed and also make effective the sentence that will resolve the substance of the matter, however it has been a topic of discussion in Ecuador and in other countries, which has led to the need to formulate a reform in the Comprehensive Organic Penal Code, implementing subjective requirements, which allow justice operators, better applicability of this precautionary measure. The work includes an analysis of preventive detention, its effects on its application, and a proposal that improves its applicability. Studying the purposes and budgets of preventive detention, both currently and in the future, it also focuses on preventive detention as a criminal policy, both in our country and in other countries, and minimal penal intervention, as a measure of last resort to impose it.