Browsing by Author "Lalangui Villarroel, Luis Ángel"

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Valoración de los antecedentes judiciales y la suspensión condicional de la pena
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Lalangui Villarroel, Luis Ángel; Sánchez Espín, Jorge Enrique
The current reality that exists in our country and the great shortcomings that have been found in our standards is a big problem, because it means that we do not have an effective protection of our rights, principles are violated and standards are contradicted, which it leads to the correct application being left unsaid. The present investigation is being carried out to guarantee the effective tutelage, and to try to give a viable alternative for the problematic one raised, since the operators of justice are the ones in charge of administering justice, since the victims when realizing, the bad application of what is established in the Comprehensive Criminal Code, in its article 630 for people who are sentenced to prison. They can leave in liverdad as long as they are not sentenced to a penalty of no more than 5 years. Based on the provisions of the Constitution of the Republic of Ecuador, which is the supreme law on other laws, the same that has constitutional supremacy, and then focus on the vacuum that exists in the standard that is trying to correct with a reform in his article. The Right to Judicial Protection, becomes the paradigm of the present work, because its main objective is the legal protection of rights, which must be protected, in addition to our Constitution that surrounds us in rights also gives us duties and obligations which we must comply and respect, and if we do not comply with them, it brings legal consequences. It must be taken into account that when a person is a repeat offender he must be sanctioned, without having the option to apply or request this alternative measure.