Maestría en Derecho Penal y Procesal Penal

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    El ejercicio privado de la acción penal y el garantismo procesal en el código orgánico integral penal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-10) Paredes Fuertes, Fernando Eduardo; Acosta Morales, María Gabriela
    The purpose of this investigation is to deepen the study of the private exercise of criminal action. The procedure as much as its applicability in the exercise and even more its direct connection with the procedural guarantee, as a new figure of the criminal dogmatic that consists in establishing the international parameters as well as constitutional of the right of due process and of the victim and processed in the palestra of the procedural system. The quantifiable methods to determine an exact consolidation of values that allow criticizing, analyzing and projecting conclusions have been developed through statistical data of the causes entered in the last year in both public and private action crimes, and its application has been qualified in the procedural guarantee, analyzing and applying surveys to professional, the same ones that have issued their criteria regarding the guarantees of the right to defense, precautionary measures and judging in absence. Likewise, we analyzed the ways to extinguish the private exercise of the action as a way to enforce the claims of the parties, as well as those crimes existing in the Ecuadorian legal as crimes of private action in a comparison to foreign standards that contain a wide range of private crimes that could be included in our criminal system. The forgetting of the legislative body as well as the excessive interference of the State has caused the non-existence of reforms to guarantee an effective process of private action, consequently, the low application of it produces the violation of procedural guarantees as well as unnecessary budgetary spending and procedural congestion. Therefore, the reforms are necessary for the improvement of the private procedure of the action, as well as the effectiveness of the procedural guarantees under the protection of a correct application of criminal justice.
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    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.
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    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.
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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.