ANÁLISIS DE LA INCONSTITUCIONALIDAD DE LA PRISIÓN PREVENTIVA EN EL PROCEDIMIENTO DIRECTO

Abstract

The purpose of this research is to analyze the unconstitutionality of the precautionary measure of preventive detention in the direct procedure that was incorporated into criminal legislation as of the validity of the Integral Organic Code as a special procedure to judge flagrant crimes with exclusive penalties that does not surpass the five years or in the crimes against the property whose amount does not exceed thirty unified basic salaries of the worker. In order to achieve the objective of this investigation, it is necessary to analyze the guarantees that the supreme norm grants to the persons prosecuted for a criminal offense, such as the right to due process in contrast to the need to order preventive detention to ensure the immediacy of the accused to the judgment. Thus, in this academic article it is concluded that the precautionary measure mentioned is unconstitutional for depriving the accused person of exercising his effective and timely defense within the short time that the law establishes for this type of procedure, even violating the principle of equality that the parties enjoy according to the Constitution by not having an investigative support system with which the Prosecutor's Office has, nor with their freedom to collect evidence