Análisis jurídico comparado entre Ecuador e Italia sobre la prisión preventiva en conflicto con el principio de presunción de inocencia

Abstract

Pre – Trial detention and the principle of presumption of innocence are concepts that are of the Ecuadorian and Italian penal systems, in Ecuador the pre trial detention forms part of the precautionary measures and of protection of the COIP, this being a measure arranged to ensure the presence of the person investigated in the final process, protect and guarantee the rights of victims, avoid that it is destroyed and hinder the evidence; the principle of presumption of innocence in Ecuador is part of the guarantees and guiding principles of the criminal process contained in the COIP, this principle shows that people retain their legal status of innocence until proven by an executory sentence. Italian pre trial detention is based on the Code of Penal Procedure, it is a measure of precautionary demand, provided in cases established by law, to ensure due process; the presumption of innocence for the Italian legislation is a guarantee of criminal type established in the Constitution of the Republic, therefore the accused will not be considered guilty until he has a final conviction.