Effectiveness of Alternative Measures to Preventive Detention According to the Organic Comprehensive Criminal Code (Review)

Abstract

The general objective of this research is to evaluate the effectiveness of alternative measures to pretrial detention established in the Comprehensive Organic Criminal Code, using the example of the city of Guayaquil, and its impact on social reintegration, the reduction of recidivism and the decongestion of the penitentiary system. To achieve this, a mixed methodological approach is used, which combines quantitative and qualitative methods, supported by scientific methods such as: analytical-synthetic, exegetic and inductive-deductive. These have allowed us to obtain as a result that alternative measures to pretrial detention contribute positively to alleviating the overcrowding present in penitentiary centers in Ecuador, among other important issues, ranging from the violation of human rights to the early completion of the sentence, all issues that require attention through actual means. Its success is conditioned by factors such as the availability of resources and the willingness of the accused, as well as improving the infrastructure and supervision processes to maximize the procedural impact of these precautionary measures capable of ensuring the appearance of the accused at each stage of the proceedings, which is, ultimately, the primary purpose of a precautionary measure.