Pretrial detention in organized crime offenses and its tension with the principle of exceptionality

Abstract

In Ecuador, organized crime has experienced sustained growth, consolidating itself as a significant threat to public security and challenging the State’s capacity to guarantee citizens’ safety and the effectiveness of the criminal justice system. The objective of this study was to critically analyze the regulation and application of pretrial detention in organized crime cases, assessing its normative and practical adequacy through a qualitative review of national and international legislation, doctrine, and jurisprudence. The findings show that, although pretrial detention is a precautionary measure recognized in the Constitution and international instruments, its application presents inconsistencies in judicial practice, with several cases revealing the release of repeat offenders or high-risk individuals, allowing the continuation of illegal activities, while prison overcrowding and the operational capacity of criminal structures within correctional facilities limit its effectiveness. It is concluded that, although pretrial detention is a relevant tool to temporarily interrupt criminal activity and ensure the proper development of criminal proceedings, it does not constitute a definitive solution to the problem of organized crime; its effectiveness depends on its strict application in cases of recidivism, flagrancy, or leadership within criminal organizations, as well as its exceptional and well-grounded use, and it must be complemented by comprehensive public policies aimed at crime prevention, education, reduction of social inequalities, and institutional strengthening, in order to address both structural causes and immediate risks affecting public security.