Maestría en Derecho Penal y Procesal Penal

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La criminalización del pasado judicial y los derechos constitucionales
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-06) Vizuete Gallardo, Marco Fernando; Garzón Villacrés, Iván Arsenio
The present research work, Its purpose is to analyze the recidivism, from the point of view of the criminalization of the judicial past, that is to say that in Ecuadorian legislation there is recidivism in its regulations, which is applicable to people who have committed a new crime with the same elements, in this way violating Constitutional principles that contrasts with this particular regulation of recidivism. The criminal code, before the publication of the Organic Comprehensive Penal Code already contemplated this rule of recidivism in its article 77, said that there is recidivism when the accused returns to commit a crime after having committed an earlier one for which he received a conviction. Currently our Organic Comprehensive Criminal Code maintains this regulation but emphasizes the commission of a new criminal offense with the same elements, that is to say it refers to the specific recidivism of typicity: deceit or fault, where a third of the penalty is increased for the person who commits another crime. In this sense we can observe that the Constitution of the Republic of Ecuador in article 11 number 2, guarantees non-criminalization by the judicial past of the persons, which would imply a violation of due process. It is considered that this article must be eliminated that contemplates our Integral Organic Penal Code since if we have a supra norm that is the Constitution of the Republic of Ecuador, There could not be a rule that violates the rights of people who have to be prosecuted because it is unconstitutional, It is evident that Constitutional Rights are violated.
La prenvención y erradicación de la violencia contra las mujeres y la vulneración del debido proceso legal, en la garantia a ser juzgado por un juez competente e imparcial
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-06) Ruiz Abad, Carolina Fernanda; Garzón Villacrés, Iván Arsenio
In this paper we will study how with the coming into force of the new Law to Prevent and Eradicate Violence Against Woman, in advance LOIPEVCM, constitutional guarantees of great importance are violated, such as being judged by a Judge who is competent, impartial and specialized inside family violence subjet. Competent judge, is one who acts by legal mandate, because the competence is born from the law, with what justice administrators are enabled to act in specific cases. COFJ (2009) At present, negative conflicts of competence have been generated and continue to arise between Judges of Criminal Guarantees and Judges of Violence against Woman, since competition has not been fully established in the mentioned LOIPEVCM. Impartial Judge, because the Judge must decide in merit of what was done in the process, without favoring any parties COFJ (2009), the new law violates this guarantee by reforming both the Código Orgánico Integral Penal, in advance COIP and the Código Orgánico de la Función Judicial, in advance COFJ, in this sense the same Judges of Violence must be who know all the stages of the criminal process in femicide crimes and violence against woman and members of the family nucleus. Finally Specialized Judge, the one who acts by reason of the area of his competence. COFJ (2009), this a constitutional guarantee provided in art. 81 of the Constitution (2008) for the treatment of infractions, againt woman and members of the family nucleus, judges must be specialized people in order to know and resolve this type of infractions. With Resolution 11-18 of the National Court of Justice, once again attempted against this principle by removing the Violence Judges competence, so that they can not know the stage of judging the mentioned crimes. The lack of competent, impartial and specialized judges in matters of violence, violates constitutional guarantees and rights that assist both victims and defendants, therefore it needs a legal reform in the area of competence that logically will be stablished in a clear and precise manner to whom impartial and specialized judicial authority corresponds the knowledge of the infractions of violence against woman and members of the family nucleus.
La prescripciónde la acción penal y los derechos del sujeto activo de la infracción
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-05) Gavilanes Domínguez, Christian Danilo; Garzón Villacrés, Iván Arsenio
The purpose of this research work is to study in a descriptive way the prescription of the action and its incidence on the rights of the active subject of the criminal offense, due to the statute of limitations on sexual crimes committed against children and adolescents, through the approval in popular consultation by the Ecuadorian people. In the development is analyzed the end of the prescription of criminal action, doctrinal concepts, jurisprudence, causes and effects, together with the purpose of the criminal process and criminal policy, getting to establish what are the criminal principles and rights of the alleged active subject of the criminal offense that has been violated because of such imprescriptibility, which were analyzed based on concepts of authors and international human rights standards of which Ecuador is a part. In the development, critical-propositive opinions are carried out, with the aim of providing criteria to avoid existing asymmetries due to state legal persecution.
La suspensión condicional de la pena y el derecho a recurrir
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Acurio Ruiz, Héctor Augusto; Garzón Villacrés, Iván Arsenio