Abstract

OCHOA-RISCO, Jorge Israel; INFANTE-MIRANDA, Maria Elena  and  MONTECE-GILER, Salomon Alejandro. The constitutional right to liberty in cases of flagrante delicto in Santo Domingo, Ecuador. Noesis [online]. 2025, vol.7, n.esp1, pp.1685-1704.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.527.

The objective of the study is to conduct a critical legal analysis of the constitutional right to liberty of a person prosecuted for a flagrant offense in exceptional cases such as force majeure or unforeseeable circumstances, as provided for in Article 529 of the Comprehensive Organic Criminal Code. Information from bibliographic and newspaper sources was used, as well as theoretical and empirical methods, and interviews were conducted with specialists in the field. The concept of flagrant crime is explored based on the criteria of key informants who questioned whether the extension of the flagrancy period is proportionate and justified, considering the protection of individual rights and the need for effective justice. In conclusion, this paper highlights the importance of balancing the protection of personal rights with effective investigation, emphasizing the need for a fair and equitable approach to deprivation of liberty in the context of legal reforms.

Keywords : Right to liberty; persons deprived of liberty; flagrante delicto; legal status; legal reform..

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