Abstract
Errors arise in the application of pre-trial detention, starting from the moment the Prosecutor's Office requests it. This request is often based on the fulfillment of numeral 3 of Article 534 of the COIP (Código Orgánico Integral Penal - Organic Comprehensive Criminal Code), citing ties to the community obtained through the DINARP website. These ties are frequently passed on to the defendant to justify, and the errors continue when the Criminal Guarantees Judge orders the detention. This is due to the lack of clarity in the provisions of Article 534 of the COIP and Article 77, numeral 1, of the Constitution of the Republic of Ecuador. Additionally, there's a lack of proper reasoning when the judge fails to establish necessity, proportionality, balance, and gradualness, thereby disregarding the principle of innocence that the defendant enjoys. In response to this, the National Court of Justice issued a resolution because pre-trial detention had become the general rule, setting aside the provision of Article 77, numeral 1, of the Constitution regarding its exceptional nature. This situation stems from an erroneous interpretation of numerals 2 and 3 of Article 534 of the COIP, disregarding Article 13 thereof, which deals with interpretation in criminal matters. This allows for mistakes when ordering pre-trial detention, granting the defendant the status of guilty in advance to subsequently condemn them. This leads to defendants being arbitrarily deprived of their liberty, as many of them are later declared innocent.