Valoración de la prueba en el delito de usura y la seguridad jurídica

Abstract

Graduation work: "EVALUATION OF THE TEST IN THE CRIME OF USURE AND OF LEGAL SAFETY" The Constitution of the Republic of Ecuador prohibits the practice of usury in a forceful manner, protecting the economic rights of Ecuadorians, but despite this, this crime is a social evil that even when generated from ancient times, its legislation In legal bodies, has not responded to the need to eradicate this type; While the victims are still disadvantaged vis-à-vis their offender, in contravention of the guarantees of the Constitution, that in case of violation of rights, these must be guaranteed through the action of the competent authority; and application of rules and laws that constitute the legal system of Ecuador guarantees the application of legal certainty for full citizenship. Bringing a usury case to trial stage turns out to be hard work, which may not be worth it if the court in charge of punishing the crime does not make an assessment of the evidence according to sound criticism, based on their experience as judges , Analyzing them together, giving priority when one test needs another to produce certainty, when the logic frames the existence of the crime, punishing this crime according to the needs of the citizenry would begin to end the practice of this, with This also avoid the commission of other crimes that have the genesis of usury. Within the topic of investigation the valuation of the evidence in the crime of usury and legal certainty, it is considered that the operators of justice in the cases of usury crime, not to carry out a joint assessment of the test, according to The logic in itself to the rules of sound criticism is not guaranteeing and the principle of legal security of the victims, and from there many more of their rights remain in the limbo, causing usury to continue propagating everywhere and having as Victim to anyone who is usually faced with a situation of immediate satisfaction, urgent need or simply ignore the terrible consequences of such loans can generate. Carry out a reform of the Comprehensive Criminal Organic Code regarding the evaluation of the evidence in the cases of usury, where it is established that the judge must make this assessment according to the rules of sound criticism jointly, comes to make a necessity Which is urgent for society as a whole, in order to prevent this crime from being punished and for victims to remain intimidated, re-victimized, resulting in more violations of rights, and to make the crime known before the competent authority in Great step and after a huge effort the Court of Criminal Guarantees for obscurity in the law does not sanction the crime and continue to commit in sight and patience of the authorities.