Prisión preventiva: análisis de caso del proceso. No. 01283-2016-04794G

Abstract

In this paper, an analysis of the precautionary measure of preventive detention with respect to case No. 01283-2016-04794G is carried out, a measure that was issued at the hearing to formulate charges against the indicted individuals, through a resolution imposed by the judge of the Criminal Unit, based in the city of Cuenca, which does not observe the formal and material requirements that this measure entails, whose nature is exceptional, trampling fundamental rights such as freedom of movement and the presumption of innocence, an unjustified resolution that is dictated as a consequence of a request made by the State Attorney General's Office, which did not comply with the parameters established in the internal and external regulations that govern Ecuador. Faced with this, this paper analyzes the position in which the reality of the country places the defendants within the framework of a presumption of guilt at the time of issuing precautionary measures and also shows a notorious inequality of conditions between those who carry the public exercise of criminal action and those who appear as offenders, a situation that stands out in a comparison made between the interventions of the defense when they did not have timely access to the file, with the intervention that was carried out in the challenge of this measure when access to the aforementioned file was obtained. Situation confirmed by the Specialized Criminal Chamber of the Province of Azuay in its resolution that nullifies the preventive detention measure upon hearing this appeal.