Maestría en Derecho Penal y Procesal Penal

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/29523

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Subject: search.filters.subject.ADMINISTRACIÓN DE JUSTICIA

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    El principio de oportunidad y el derecho de la víctima y del procesado
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-10) Paredes Chiliquinga, Edwin Fabián; Acosta Morales, María Gabriela
    The rights and guarantees established for the protection of the inhabitants against criminal offenses in a certain territory are established in regulatory bodies, so the rights of the victim and the accused against the application of the principle of opportunity offer us alternatives to end a process according to the Organic Comprehensive Criminal Code, in this sense the scope of application of the principle of opportunity in the criminal law and criminal procedure will describe criteria on the scope and application of the aforementioned principle and that it is not limited in isolated crimes or of trifle, on the contrary that the foreseen mechanism covers more possibilities of application. The principle of opportunity in criminal matters can be used to solve infractions due to the fact of permissibility, since the Prosecutor's Office can suspend an investigation initiated or refrain from initiating one, in those crimes whose sanction has a prison term of five years, it is necessary to consider the prohibitive rules for the application of the principle such as crimes for serious violations of human rights, crimes against international humanitarian law, crimes against sexual integrity, among others, for these reasons it is necessary to carry out investigative work to establish the usefulness and regulation of the principle of opportunity and the right that the victim has and prosecuted when applying it, leaving as a concern that the procedure for application may be reformed, and consider one more margin of permissibility in the environment of its application. When applying the principle of opportunity, the right of the victim and the accused have different paths, who is more favored by the application of this principle could be the administration of justice, the victim or the accused, from different points of view, Our study will focus on the application of the principle of opportunity and the right of the victims, that is, the obligation to have the presence and will of the victim to resolve the integral reparation and the defendant to comply with the compensation for the damage caused.
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    El procedimiento abreviado en el Ecuador y su aplicación en todos los delitos de acción pública
    (Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho penal y procesal penal, 2020-03) Mera Naranjo, Andrea Belén; Segovia Dueñas, José Luis
    The present investigation adjusts to the importance of the application of the abbreviated procedure in all the crimes of the public exercise of the criminal action within the Ecuadorian legislation, since its execution allows the principles of speed, procedural economy, minimum criminal intervention, concentration , among others, are used in an appropriate manner, with the purpose that the State, through the administration of justice, issue resolutions and sentences more efficiently and quickly; At the same time, the direct beneficiaries are the persons prosecuted who, by requiring this procedure, will obtain a less rigorous penalty than they could obtain in an ordinary trial, and the state benefits through the administration of justice, the victims and the society usually. In addition, the study focuses on the use of the principle of proportionality, this in order that not all crimes apply the penalty currently provided in the comprehensive criminal organic code, this is one third of the minimum for each criminal type , but, according to the seriousness of the crime committed, as well as the mitigating and aggravating circumstances of the crime, that is, in crimes considered serious and shocking, a penalty of one to two thirds of the maximum penalty provided for that criminal type and in cases where a crime considered not serious and where there are no aggravating factors but rather mitigating ones, has been committed, the penalty to be applied should be the one currently provided, thus considering not only the right of prosecution but also of the victim of the crime who will also have to be fully repaired proportionally to the crime committed. The investigation embarks on the analysis of several legislations in which the abbreviated procedure is currently used, which contributes to the effective understanding of this precept, in addition the jurisprudential dimension of the justice, the principles and sources that contribute to the Justice administration. Keywords:
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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.