The figure of the judicial error versus preventive detention

Abstract

Introduction:  The figure of the judicial error is recognized within the Ecuadorian legislation as that equivocal decision issued by the judicial servants, which generates affectations to the rights of the sanctioned, especially when it manifests itself in the application of preventive detention, since being an extraordinary precautionary measure for its implementation merits sufficient motivation of facts and law,  as well as indications that link the responsibility of the defendant and the rejection of the use of other measures, otherwise the recipient loses his freedom arbitrarily, which gives room for the patrimonial responsibility of the State to repair the damage, subsequently enabling him to make use of the right of repetition against the judicial authorities. This research aims  to analyze the origin of this figure, its conceptualization and its link with the implementation of the precautionary measure of preventive detention, in addition, the impact it has on the development of criminal procedure,  Methodology,  through a qualitative, historical, logical, documentary and bibliographic approach, Conclusion, which helped determine that the error is caused by the lack of application of the principles of objectivity and due diligence, leading to sanctions to those responsible and reparation to the affected. General area of study: Law. Specific area of study: Criminal and Constitutional Law.