Maestría en Derecho Penal y Procesal Penal

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El activismo jurisdiccional y el garantismo penal en la administración de justicia del Ecuador
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-03) Acosta Morales, María Gabriela; Tipantasig Cando, Jaime Tarquino
He problematic of the suspicion of a jurisdictional activism of the administration of Justice in Ecuador without a protected criminal guarantee in our Constitutional State of Law; in front of an efficient enough commanded by the governing bodies of the Justice of Ecuador. An efficient jurisdictional activism is a phenomenon of a juridical and social nature, directly affects the rights of the victim and the defendant, so that the procedural subjects in criminal matters seek the symbiosis of jurisdictional activism with the criminal guarantee. The present investigation focuses specifically on the administration of criminal justice with the possibility of a non-efficiencies jurisdictional activism but a guarantee that allows citizen security without increasing the number of convictions but generating criminal policies that allow a true social rehabilitation. In this way, it is intended to identify the events that have motivated jurisdictional activism to have more efficient characteristics than guarantors; despite that the spirit of the Comprehensive Criminal Code leads to a criminal system protecting rights. Finally, a proposal of reform to the Integral Organic Penal Code is presented that allows a jurisdictional activism guarantee.
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 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.
Cadena de custodia: valoración de prueba y tutela judicial efectiva en el procedimiento adversarial penal
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-06) Falconí Gaibor, Sonia Paulina; Recalde Suaréz, Raúl Romano
Because Ecuador is a constitutional State of rights, it has implicit in its actions, guarantee, protection and security, in the execution of the rights of citizens within a certain process. Since the issuance of the Constitution of 2008, fundamental rights of mandatory application were established, among them effective judicial protection, which is activated by the administrators of justice at the moment in which a cause comes to their knowledge. As judges, they are obliged to carry out an adequate evaluation of evidence within the processes, even more in the criminal sphere, where the freedom of the people is at stake; the evidence obtained, acted upon and legally incorporated into the process, constitutes the basis of the judge's decision, the documentary, testimonial and especially the expert evidence, allow him to know the procedural truth that must be concordant with historical or material truth. If the test is the basis of the judging system, it must have been obtained in an appropriate manner, without violation of the Constitution or laws, which would turn it into illegal, illegal, irregular evidence, etc., in order that the It is enough to sustain the decision of the judge, that is why.
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.
Las empresas fantasmas y el derecho penal tributario
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-06) Merino Barreno, Byron Eduardo; Altamirano Dávila, Carlos Fabián
The degree work seeks to determine how the existence of the so-called ghost companies is directly related to the tax criminal law, due to the economic damage they cause in the collection of taxes, affecting the financing of the general budget of the State. In the investigative process, the configuration of tax fraud generated by ghost companies is studied through the use of non-existent economic transactions and what is their influence on the tax criminal law to reduce the risk of tax fraud, as well as of the people who intervened for the creation and operation of these societies. The investigative study is based on doctrine, jurisprudence and case studies in the tax and criminal area, important tools for the development of the product.
El delito de usura y su impunidad por falta de prueba en la legislación nacional
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Guerra Freire, Graciela del Pilar; Benavides Benalcázar, Merck Milko
As observed in the Ecuadorian social reality, the crime of usury is one of those that are committed on a frequent basis, this due to various factors, mainly economic, since people, unable to have all the requirements required by institutions In order to grant a loan in a formal manner, they come before usurers who grant them the amount required at a rate higher than that allowed by the State. In order to guarantee the payment of the same, the usurers request that any type of guarantees be delivered, whether real or commercial documents such as checks, bills of exchange, promissory notes, among others. Once the credit has been granted to the victim and the guarantees granted in favor of the usurer, the latter resort to unlawful practices such as blackmail, extortion and intimidation so that the debts are canceled, many of which are impossible to pay due to the high interests; there are even cases in which, despite the cancellation of the debt, the guarantees are executed with the purpose that the usurer has a greater economic benefit, which harms the victims not only economically, but also their rights are violated rights to physical and psychological integrity of themselves and their families, economic stability and the right to work. These negative consequences increase in Ecuador, due to the fact that currently the criminal type of usury established in the Comprehensive Organic Criminal Code is difficult to prove; and therefore, it is not possible to prosecute and punish those responsible in an effective manner, so that there is impunity for the victims. For this reason, it is considered essential to conduct a doctrinal, legal and jurisprudential study of the crime of usury in Ecuadorian legislation, emphasizing the evidentiary efficacy required to effectively sanction its commitment.
Los delitos sexuales y el derecho a la intimidad
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Cárdenas Palma, Mercedes Fabián; Altamirano Dávila, Carlos Fabián
Currently there is a significant number of cases in which publications and disclosures of videos or photographs with sexual content are made in which the person who participates in them has not agreed to be recorded, published or disseminated, which is why there is a affectation of the rights of the person, mainly in regard to sexual freedom and the right to privacy. Despite the fact that people have not consented to the recording or the publication and dissemination of these videos or photographs, and their rights being affected, they have been unable to exercise any legal action, since currently the Organic Comprehensive Criminal Code does not it considers it an offense for the sole reason that the person has participated in them, which generates impunity and affects rights, which is prohibited by the Constitution of the Republic. he fact that, at present, there is no criminal offense within the Comprehensive Organic Criminal Code, which sanctions the recording, dissemination or publication of sexual videos of people without their prior authorization, constitutes an affectation of the right to guardianship effective, so that it generates impunity; For this reason, state measures must be taken to remedy this situation in order to protect the rights effectively as prescribed by the Ecuadorian Constitution.
La responsabilidad de las personas jurídicas en el sistema de juzgamiento ecuatoriano
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Sánchez Oviedo, Danny Xavier; Rubianes Morales, Hernán Fabricio
The classic theory when teaching criminal law said that the human being is the only possible criminal imputation, based on almost a mantra: societas delinquere non potest. (Gomez-Jara, 2016). Traditionally, the criminal liability of legal persons was denied based on three arguments; societies do not have the capacity to act; they also have no capacity for guilt; and equally, they lack the capacity to suffer penalties, which leads the classical systems to punish only natural persons as authors. (Gonzales, 2012, page 79). The new horizons of Criminal Law pursue the criminality of collective entities (Gómez, 2014). The present work seeks to understand the scheme on the determination of the liability of legal persons in the Ecuadorian judiciary system, in addition to analyzing the technical difficulties that arise in the face of this determination and its criminal prosecution, with a precise vision in the Ecuadorian state from of the normative budget introduced with the Organic Comprehensive Penal Code (2014) and the model of criminal responsibility that is intended to be applied (heterorresponsibility vs. self-responsibility). In addition, the present work as a comparative law reviews criminal legislation on the subject of other countries and is strengthened by reviewing jurisprudence of supreme courts of other jurisdictions. The criminal prosecution of legal persons and the procedural principles that are applicable to them is one of the central issues on which this work focuses. (Castillejo, 2012); beginning with understanding that it is not the same to judge a natural person, that, a legal person. It is unavoidable to study the Ecuadorian criminal trial system and its feasibility to apply it against a legal person, seeking as a consequence the determination of criminal responsibility and therefore a conviction. It is necessary to be able to determine the model of criminal responsibility for collective entities in order to determine the trial process or the scope that rights have in their favor. In this perspective there are two major paths that can be chosen, either the vicarial model or transfer of criminal responsibility of natural persons to collective entities; or the model of autonomous responsibility that seeks to criminally judge a juridical person for its own unjust juridical autonomy and different from the one committed by the natural person. The present work raises if the rights and principles such as the presumption of innocence, right to due process, legal security can or should be applied in defense of collective entities subject to a process that determines criminal responsibility.
Derecho penal mínimo y justicia restaurativa
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Vargas Soria, Sandra Paola; Benavides Benalcázar, Merck Milko
In a globalized era, in which crime is conceived as a phenomenon and a potential enemy of the States stability, punishment as a deterrent resource acts as a rule rather than as an exception. In this way the cession has been admitted and in many cases even the confiscation of rights, as a response to the crime. Restorative justice emerges in the face of this panorama, with a retrospective look at the origins of the conflict, returning protagonist to the victim and trying to find the reconciliation of the offender with the community, without pretending exclusively the punishment, but the restoration of social peace. The aim of this research is to analyze the application of minimum criminal law as an alternative to the punitive solution to favor the implementation of restorative justice channels in national legislation, as well as to account for the benefits of this resource, both for the administration of justice, as for the parties involved in the criminal process. With the support of an observation guide, the adopted resources are registered and identified during the year 2018, in some investigations and criminal proceedings in order to end the conflict; and, with the support of the experts' criterion, through a structured interview, points of view are obtained that are addressed from the different spheres in which each one of the respondents works, they can be judges, prosecutors, lawyers in free professional practice and Academics dedicated to the study of penal science. Through the obtained results, a current panorama of the problematic in study is offered. It concludes with a proposal that allows expanding the possibility of adoption and effects of a conciliatory process, with the aim that, under the agreement of the parties, punitive solutions are avoided in the processes and the victim's reparation is privileged as the essence of the system.
Las políticas del sistema de Rehabilitación social y la reincidencia de las personas privadas de libertad
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Abad Sarango, Diana Kruspkaya; Altamirano Dávila, Carlos Fabián
This research paper focuses specifically on analyzing current policies of the Social Rehabilitation System, the purpose of this paper is to analyze the causes and effects that cause the recidivism of people deprived of liberty, based on doctrinaire concepts of authors, jurisprudence and international standards of Human Rights of which Ecuador is a part. It is intended to identify, reaching an analysis of the reasons that have caused serious internal commotion in the Penitentiary System, establishing mechanisms to avoid the violation of constitutional guarantees of the utmost importance and the rights of persons deprived of liberty with a conviction. Currently a controversy has been instituted and continues to generate negative conflicts of competence between the judges of criminal guarantees and judges of penitentiary guarantees, although the competence of each one is typified separately in the reform provisions, article No. 225 and the article No. 230, respectively, established in the Comprehensive Criminal Organic Code; in practice, the same judge that substance, knows and issues the condemnatory sentence is the same one that resolves, knows and issues the termination of the sentence; Therefore by legal mandate there must be an impartial and specialized judge in prison matters, the one who acted on the basis of the area of competence, for not existing the need to raise a draft for reform to the Organic Comprehensive Criminal Code, in the reform provisions , of Article 230 first paragraph; and the creation of the Unit of Penitentiary Guarantees, for the application of their competences that corresponds to both to be watched over the defendant and the victim, as well as to endorse the execution of the process of social rehabilitation, in this way both in adherence to the strict respect to their human rights.
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
El delito de estafa y la mínima intervención penal
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Vargas Galarza, Juan Carlos; Altamirano Dávila, Carlos Fabián
This investigation is based on the existence of two parts of law which provide solutions when they´re interposed these are civil lay and penal law. The actions that affect a person´ patrimony have generated a conflict to the judicial power of the State to solve because of the Constitution order to be activated as a last resource due to there is another policy that could bring the same or even better solutions to the same case. Considering that definitely fraud has damage as an intrinsic element. While in civil scope damage appears like a bad habit of consent and has as the consequence the nullity of the contract and the compensation for damage and detriment through judgement, situation that motivates to use only one part of law the patrimonial damage which comes from a voluntary act established in a contract that with an investigation is possible to suffer a bad habit against a parson´s will induced by one of the parts and no as a reason for a penal judgement. Finally a proposal is presented to reform the Integral Organic Code noting the effective application of the principle of Minimal Penal Intervention.
Prisión preventiva y el principio de proporcionalidad
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Serrano Abraham, Maria Eugenia; Benavides Benalcázar, Merck Milko
In Ecuadorian legislation, as in the international treaties and agreements ratified by Ecuador, preventive detention is a precautionary measure of a personal and exceptional nature, because it restricts the right to freedom of the person. The Organic Code of Comprehensive Criminal COIP, provides for preventive detention under Article 534, establishing the requirements that must concur for it to be ordered, these being: elements of conviction that demonstrate the crime for which it is being charged, elements on intervention the defendant, they must be clear and precise, evidence to justify that the other precautionary measures are insufficient to guarantee the appearance in the trial of the defendant and that the crime is punishable by a penalty of more than one year. Likewise, the Inter-American Court of Human Rights has pointed out that it is important that alternative personal measures be rationalized, since the indiscriminate application of preventive detention contributes to increasing the levels of prison overcrowding, a feature that is characteristic of Latin American countries. Precisely, the principle of proportionality established in the Constitution of the Republic of Ecuador is the ideal mechanism that allows the judge to impose a precautionary measure observing due process. This study addresses the importance of the effective application of this principle, so that preventive detention meets a true legal nature and does not become a prejudgment or an anticipated penalty.
La aplicación del principio de oportunidad y la reparación integral
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-09) Monar Castillo, Fabio Mauricio; Guevara Fuentes, José Rubén
The problem regarding deficient integral reparation to the victim, has not been a generalized issue since the Integral Organic Penal Code regulates a penalty for the transcendence of the crime committed, whose sentences range from fifteen days in prison and with a ceiling of forty years if the active subject of the crime has committed an offense with some type of aggravating circumstance. However, there are crimes known to be doctrinaire as bagatelle and Ecuadorian criminal law has included speed for the actions of the prosecutor to discretionally apply the principle of opportunity; that it be understood that the discretionality to which I refer is with respect to the power granted by the norm to apply the aforementioned principle simply by looking at state circumstances, the sentence and the health condition of the active subject of the crime; leaving aside a constitutional right of the victim, to be repaired for having been affected his legal protected property; However, the latter may well claim by the civil jurisdiction, but the legislator has included several verbs in the Constitution of the Republic of Ecuador. as is the repair without further delay; therefore, the proposal is aimed at including a reform in the Ecuadorian criminal legislation that guarantees that the victim ends her ordeal in seeking to seek redress through the civil courts.
La acción penal de lesiones y la vulnerabilidad de Derechos
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-11) Ubidia Gavilanes, Carlos Alonso; Bazantes Ecobar, Washington Javier
The purpose of this investigative work is to study in a descriptive way the criminal action of injuries and the vulnerability of rights, due to the obscurity and lack of norm in the private criminal action of injuries since they do not have a mechanism to resolve the situation in flagrance. In the development, the purpose of the criminal action of injuries such as the violation of rights, doctrinal concepts, jurisprudentials, causes and effects is analyzed, together with the object of the criminal process, establishing the criminal principles and rights of the active subjects and liabilities of the criminal offense that have been violated due to such legal flaws, which were analyzed based on concepts of authors and international human rights standards of which Ecuador is a part. Critical-propositive opinions are carried out in the development, with the aim of providing criteria that lead to avoid existing asymmetries due to state legal persecution..
Los Derechos humanos y la prevención del delito de Femicidio en el Ecuador
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-11) Quiñones Escuntar, Galo Alexander; Bazantes Ecobar, Washington Javier
From the doctrinal perspective, the crime of femicide or feminicide comprises one of the most serious realities facing societies in the world, being the most brutal form of violence against women that has been generated from other phenomena such as machismo, patriarchy, gender roles and stereotypes, many of which are perpetrated, repeated and accepted by members of society. Although this type of crime has been generated throughout the world, Latin America holds the saddest record of being the Region where more femicides are committed, since 15 of the 25 countries where more femicides are committed are in this Region, which forces government authorities and society in general to look for mechanisms that mitigate this phenomenon. In Ecuador, the situation is not far, since in recent years there has been a growth in cases of this crime, being the inefficient state strategy, since it has only sought to combat the phenomenon based on punishment, by criminalization of the crime, but nothing has been done to strengthen the preventive aspect. In this context, some of the public policies that have begun to be developed to prevent crime have completely forgotten the fundamental axis of human rights, which is essential to achieve the reduction and elimination of these terrible cases.
La limitación del grado de parentesco en las infracciones de violencia intrafamiliar
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2020-02) Hernández Gavilanez, Diana Evelyn; Poaquiza Poaquiza, Angel Patricio
The purpose of this investigative work is to study in a descriptive way limitation of the degree of kinship in intrafamily violence infractions, due to the dark and erroneous application of the norm, since it is free to know that people are subject and subject to the criminal type of violence intrafamiliar, judging and punishing people who are not immersed in the types of protection to them. In the development the end of the limitation of the degree of kinship is analyzed as the one of infractions of domestic violence, doctrinal concepts, jurisprudentials, causes and effects, together with the object of the criminal process, getting to establish what are the penal principles and rights of the active and passive subjects of the criminal offense who have been violated due to such legal flaws, which were analyzed based on concepts of authors and international human rights standards of which Ecuador is a part. Critical-propositive opinions are carried out in the development, with the aim of providing criteria that lead to avoiding existing asymmetries due to state legal persecution.
El principio de legalidad y el error de tipo en el Derecho penal
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2020-02) Ramires Cevallos, Jimmy José; Bazantes Escobar, Washington Javier
This paper studies the relationship between the principle of legality and the application of methods of integration of law. The objective is to be able to fill regulatory or axiological gaps that arise in specific cases, in particular the application of type error in criminal law as grounds for exclusion of fraud. For this purpose, two studies are presented, the first on the meaning and scope of the principle of legality in criminal law and the second on the type error as a cause of exclusion of fraud. To this end, bibliography has been reviewed on the evolution of the principle of legality from the French revolution and illuminism to criminal guarantee, as well as a bibliographic analysis on crime theory to understand type error and whether it is possible or not its application without violating the principle of legality. This work was carried out through interviews with five criminal lawyers, two recognized university professors and lawyers, a fiscal agent from the city of Cuenca, an official of the Provisional Detention Center of Riobamba and a lawyer in free exercise in order to consult on the application or not of the type error without affecting the principle of legality. The results indicated that the principle of legality in criminal matters has a special scope, which is to limit the scope of the punishable, avoid excess and arbitrariness of state power against citizens. It will always have a more favorable sense towards people, to their rights and guarantees. In the case of type error, as grounds for exclusion of fraud,even if it is not legislated, its application is possible without violating the principle of legality, reducing punitive power and expanding freedoms.
La cooperación eficaz como técnicade investigación frente al delito de delincuencia organizada y su aplicación en el Ecuador período 2014-2018
(Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho penal y procesal penal, 2020-03) Guiterrez Bonilla, Rosa Liliana; Segovia Dueñas, José Luis
The special mitigation of effective cooperation in related crimes of Organized Crime, is one of the legal tools of criminal policy for the punishment and prevention of such crimes, which once considered intended to substantially reduce the penalty of the accused and is framed within the special benefits of the former Premial Criminal Law. The procedural legal qualification and the assessment of effective cooperation as sufficient proof of its concurrence corresponds to the Public Ministry in an exclusive and conclusive manner and not to the oral courts. In Ecuador from the year two thousand and fourteen, the legal figure called effective cooperation as one of the investigative techniques was incorporated into the Integral Criminal Organic Code. Among the objectives of this investigation, it is intended to analyze effective cooperation as an investigation technique against Organized Crime and its application in Ecuador, discuss its applicability, identify the crime of Organized Crime and its supporting crimes, compare the application of same in other states and understand the valid elements for Ecuadorian legislation. For this purpose, the survey and the interview that have been carried out to legal professionals and officials related to the criminal area, who have contributed valuablely in the construction of this investigation and have allowed conclusions and recommendations regarding their investigation have been applied as research tools. application in Ecuador.