Research Article
Right to Defense in the Application of the Content of Art. 534 # 3 of the COIP, in Flagrant Crimes
@INPROCEEDINGS{10.4108/eai.28-10-2022.2326391, author={Roberto Nahin Palacios-Quinto and Arturo Clery and Yamel Sofia Garzozi-Pincay and Ren\^{e} Faruk Garzozi-Pincay and Martha Suntaxi and Lilian Molina}, title={Right to Defense in the Application of the Content of Art. 534 \# 3 of the COIP, in Flagrant Crimes}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, and Education, ICLSSE 2022, 28 October 2022, Singaraja, Bali, Indonesia}, publisher={EAI}, proceedings_a={ICLSSE}, year={2023}, month={1}, keywords={indication flagrante delicto criminalization social roots}, doi={10.4108/eai.28-10-2022.2326391} }- Roberto Nahin Palacios-Quinto
Arturo Clery
Yamel Sofia Garzozi-Pincay
René Faruk Garzozi-Pincay
Martha Suntaxi
Lilian Molina
Year: 2023
Right to Defense in the Application of the Content of Art. 534 # 3 of the COIP, in Flagrant Crimes
ICLSSE
EAI
DOI: 10.4108/eai.28-10-2022.2326391
Abstract
In the present work, the content of article 534, numeral 3 of the Organic Comprehensive Criminal Code, was examined on its application, effectiveness, and in the event of a possible violation of the right to defense. The social roots presented or not by the defendant, where its content and the possibility of obtaining it within 24 hours were also considered; international regulations, the Constitution of Ecuador, criminal doctrine, judgments and criteria of the Constitutional Court, National Court of Justice, as well as the national legal system and scientific journals were used, information that resulted in the existence of a violation of the right to defense of those prosecuted. In addition, the lack of clarity of this legal provision emerges, which, being of a subjective nature, generates discretion without control, equal arbitrariness, and sometimes abuses of the regime in power; therefore, we would be facing effects on the rights of freedom, legal security, due process and before a latent criminalization of poverty. Also, concluding that it is necessary to have a unified criterion on the "indications," which would be efficient or sufficient and the eradication.