La vulneración al estatus constitucional de inocencia cuando se aplica como agravante que el autor registre una o más aprehensiones previas en delito flagrante

Abstract

The State has the power to create restrictions and conditions in order to exercise a mechanism of social control, shaped by subjectivities and objectivities. Thus, Ecuador maintained criminal legislation with several limitations, until 2014 when the Integral Organic Criminal Code (COIP) came into force. Consequently, this body has also had reforms aimed at improving the punitive power of the State and guaranteeing due process, although shortcomings have been identified that violate certain rights of procedural subjects and isolate effective protection. For this reason, the present study analyzes article 47, paragraph 20, of the COIP, in which it is established as an aggravating circumstance that the author registers one or more previous apprehensions in a qualified flagrante delicto. The results indicate that the constitutional status of innocence is violated; concluding that the aforementioned aggravating circumstance must be repealed.