Impairment of the Exercise of the Right to Defence within the Framework of Detention Orders Issued under the Procedure Established in Article 530 of the Organic Comprehensive Criminal Code of Ecuador

Abstract

The application of Article 530 of the Código Orgánico Integral Penal (COIP) in Ecuador, which regulates detention for the purpose of filing charges and conducting investigations, has raised significant concerns regarding its impact on the right to defence. Although the provision requires that such measures be exceptional, properly substantiated, and based on sufficient evidence of criminal responsibility, judicial practice has revealed serious deficiencies that compromise due process. This study, using a systematic review based on the PRISMA methodology, analysed legal frameworks, case law, and judicial practices, highlighting a frequent and disproportionate use of pre-trial detention. The issuance of detention orders, often lacking adequate justification and judicial oversight, has hindered defendants’ access to timely legal assistance, limiting their ability to contest charges and prepare a sound defence. This restrictive approach to liberty, applied without due regard for the principles of presumption of innocence and proportionality, has created a procedural imbalance that undermines fundamental rights and the fairness of the criminal justice process.