Browsing by Author "Ortega Serrano, Freddy Gabriel"

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    Sanciones disciplinarias en la Policia Nacional y el debido proceso
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Ortega Serrano, Freddy Gabriel; Espin Sandoval, Luis Fernando
    The present research topic is carried out, since with in the last years a series of inconsistencies have been given when issuing the disciplinary sanctions in the National Police in our country. To date, the non-conformities in the resolutions issued have increased, but what has not been solved is that; We have not taken fundamental principles prescribed in our Constitution to generate a fair trial; The Internal Affairs Unit has not considered this issue as a problem with in the regulations and society. Since the creation of the Police Institution has been sanctioned with the Internal Regulation of the Institution currently in force, which contains a number of shortcomings since; The police in active service in an internal investigation, only renders its version, leaving all the process in the hands of the Unit of Internal Affairs; Issues a report so that the Superior may judge the Command or the Unit, leaving aside such principles as Contradiction, Inmediation and Motivation. The fundamental reason, which generates inconveniences the disciplinary sanctions is that; To date no new Law or a reform has been generated that complies with the current provisions issued by our Constitution, for this reason; We are obliged to put our research subject, with a project to reform the current National Police Regulation, to provide a solution in each of the investigations carried out by the Internal Affairs Unit, guaranteeing a Due Process to all officials who are In addition, it is considered that the issue is important to investigate since the principles such as, Immediacy, Contradiction, Motivation; With in the processes are transcendental so that the good development takes place effectively; And, culminate with out any inconvenience for the members in active service of the Institution. In the investigation of internal affairs, each of the principles exposed, clearly marks an important role. As a first point, we have framed the Immediacy; A principle that allows us to be before competent authority and on equal terms, to later include the principle of Contradiction, make an assessment of proof of loading and unloading of the same, And, contradict all that is not generated on the basis of Law. In our research we have taken into account the principle of Motivation; Since the competent authority must adhere to both the sound criticism and the law, to issue each and every one of its resolutions. Protecting, therefore, each of the Rights and Obligations that we have all the people belonging to the Ecuadorian State. The society, and each member belonging to the National Police of Ecuador; I would regard this research as an aid, since they would be sure that every principle set out in our investigation is fully met; And, so all the causes in the future, know the Internal Affairs Unit of the National Police, conforming to the Law of Due Process by creating fair trials. Finally, to this legal-regulatory issue, a viable solution is proposed so that there will not be any further no conformities on the part of the Sanctioned in the internal affairs investigation processes, thus determining; A true justice for each of the accused, and demonstrate to the members of the National Police the transparency with which Justice today acts.