All legal institutes established in the Constitution and laws in order to guarantee the correct exercise of the right to freedom, even in circumstances such as criminal repression, aim to reduce the presence of pre-trial detention as a prolonged deprivation of liberty, and for this reason the judge has the power to apply measures precautions, substitute measures, according to the stage of the procedure, and other independent measures, such as habeas corpus or constitutional lawsuits. But all this must be applied taking into account the seriousness of the penalties specified in the various offenses reported.
These European trends in the application of preventive detention only in exceptional cases represent a reaction to the previous situation, in which the prison sentence was applied completely devoid of minimum conditions of respect for human dignity, lack of sanitary conditions, humiliating treatment and still torture. Some will remember in our old system of criminal procedure the police commissioners, who ordered imprisonment even with a simple complaint. But these theories have been adopted in our Constitution regardless of the fact that laws must be dictated according to our peculiarities and our social heritage. Laws should not be written by politicians, but by lawyers with education and experience.
(…) the country seethes with indignation seeing that the rulers and officials who attacked (…) are on the run…
It goes without saying that in the application of the defense of society, which he is obliged to defend, the judge, within his powers, must order preventive imprisonment in cases of flagrante delicto for serious criminal offences, or for minor criminal offences, if they are repeated and last. against citizens. All the more so as the prosecutor can request and the judge can order several days of detention when he believes that a criminal offense exists, but additional elements of the conviction need to be confirmed. We must understand, from the existing reality, that the form of application of preventive imprisonment by the judicial system is wrong, because if precautionary measures or substitutes are imposed, the accused will escape from prison, released, until the sentence is served. .. countries or they will hide, declaring impunity, one of the causes of the significant increase in crime and which Ecuadorian society is in crisis. As an aggravating circumstance of impunity, it is necessary to add release orders issued by judges in violation of certain legal provisions.
Thus the country seeths with indignation seeing that the rulers and officials who have stolen the money of the people in need are fugitives, outside the country, enjoying their ill-gotten gains; and in our cities, criminals with precautions or substitutes, also free in two or more processes, continue to attack, kill and steal, while the National Assembly, which is responsible for passing laws that improve the existing ones, remains trapped in political matters of personal interest far of national interests. On the other hand, it is a national shame that another former Correato minister escapes from asylum and enjoys impunity. They repeat the plan – never carried out – to take Assange by car from the Embassy in London. Get ready, because justice is also a fugitive from Ecuador and crimes will continue to increase because we are helpless. (OR)
Mario Twitchell is an accomplished author and journalist, known for his insightful and thought-provoking writing on a wide range of topics including general and opinion. He currently works as a writer at 247 news agency, where he has established himself as a respected voice in the industry.