la legalidad de la detención en los casos de delito flagrante de robo. caso: 07283-2024-000746.

Abstract

A study was carried out to address procedural validity in the context of the Ecuadorian criminal justice system, specifically in relation to detention and apprehension in flagrante delicto cases. Therefore, procedural validity refers to compliance with the formal and material requirements that allow a procedural act to be considered legitimate and effective. In this sense, for a procedural act to be valid, at least the basic requirements must be met or, in an obligatory manner, those that have the characteristic of sine qua non must be met. Thus, certain concerns detected during the course of the case study are highlighted, such as, for example, the inadequate performance of the arresting officers, the prosecutor and the judge, the latter due to the inconsistencies that arose when classifying a crime as flagrant without adjusting to the budgets established by the Comprehensive Organic Criminal Code (COIP), and classifying the detention as legal without a prior court order issued by a competent judicial authority. This lack of compliance with legal formalities therefore affects procedural validity, which may lead to the nullity of the process. Consequently, the lack of motivation in the first instance judicial decision and its subsequent nullity in the second instance reinforce the importance of ensuring respect for due process and the correct application of the law. This underlines how the absence of an adequate procedure can drastically influence the legitimacy of the process and judicial decisions.