Derecho

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893

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Start date: 2020Subject: search.filters.subject.DERECHO PENAL

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Now showing 1 - 5 of 5
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    Uso de la detención con fines investigativos y el menoscabo al principio del Debido proceso en el Caso Lex
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-04-01) Segura Pallo, Karla Daniela; León Trujillo, Edisson Santiago
    The legal figure called detention for investigative purposes established in the Comprehensive Organic Criminal Code (COIP) in the Republic of Ecuador, legally seeks to generate a procedure where the basic constitutional guarantees and rights are fulfilled, seeking the effective realization of justice. Therefore, the present investigative project seeks to demonstrate the use of this precautionary measure and its impact on the principle of due process, focusing on the "Lex" case. An innovative study of the regression towards an inquisitorial system that may be occurring in current judicial practice is introduced, a phenomenon that has not been sufficiently studied in Ecuadorian legal doctrine. In addition, it constitutes a novel scientific perspective by exploring how this legal figure, which should be a limited investigative tool, has become a way of violating constitutional rights of the persons investigated. For this, a methodological study of an explanatory type is applied, under a qualitative, casuistic, and analytical method that allows to demonstrate a distorted use of detention; In this sense, this investigative work is immersed in the line of research of “Public policies, law and society”. Which allows to have as main result that the precautionary measure of detention for investigative purposes violates the principle of due process, and subjects the detainee to undue pressure, which reflects a legal regression both in the Ecuadorian penal system and in human rights. Concluding that the application of detention for investigative purposes in effect undermines the principle of due process
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    El principio de confianza en el derecho penal y la violencia física en el estado ecuatoriano
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) Altamirano Escobar, Joselin Mishel; Acosta Morales, María Gabriela
    This research deals with the Principle of trust in criminal law and physical violence in the Ecuadorian State, as an essential foundation that forces people to act reasonably trusting that others will comply with the laws and regulations established for the protection of their rights. In Ecuador, physical violence represents a serious social problem, affecting various groups and requiring a comprehensive response from the judicial system. Failure to comply with this principle can intensify aggression, weakening social cohesion and the effectiveness of judicial institutions. Therefore, the objective of the research focuses on studying the impact of the principle of trust within the framework of Ecuadorian criminal law, especially in relation to physical violence. Through a qualitative approach, using the type of descriptive and exploratory research, using the interview as a research technique; therefore, it is within the line of public policies, law and society. Examining the different perceptions of judges, prosecutors and lawyers in free practice on the application and effectiveness of the principle of trust in cases of violence. The results included the contribution of officials regarding the justice system in relation to the position they hold. In conclusion, trust is not only a legal principle, but also serves to guarantee justice and the protection of human rights in Ecuador, since there is a need to strengthen this principle to more effectively confront physical violence, correctly applying legislation and judicial practices.
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    La ampliación de la versión para tercero y el principio de igualdad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11) Chiliquinga Perez, Johana Maricela; Naranjo Malán, Milton Elder
    The research addresses the issue of the disparity in the right to request the extension of testimony within the Ecuadorian criminal process. Currently, this right is primarily restricted to the Prosecutor's Office, leaving third parties at a disadvantage, which violates the principle of equal opportunities and due process. The methodology used in this research is qualitative, based on a documentary and bibliographic approach. An exhaustive review of Ecuadorian legislation, particularly the Organic Comprehensive Criminal Code (COIP), was conducted, along with an analysis of relevant jurisprudence and legal doctrines addressing the principles of procedural equality, legal security, and the right to defense. A jurisprudential matrix was employed to systematize and compare key judicial decisions on the extension of testimony and the principle of equality. The results of the research reveal that the current COIP regulation, specifically Article 508, paragraph 3, creates a procedural imbalance by exclusively granting the Prosecutor's Office the right to request the extension of testimony, denying this possibility to third parties. This imbalance contravenes both the Ecuadorian Constitution and international human rights standards that promote equal opportunities and a fair trial. In conclusion, the research highlights the urgent need to reform the COIP to ensure that all actors in a criminal process, including third parties, have the same right to request the extension of testimony. This would not only strengthen the principle of equal opportunities but also improve equity and justice in the Ecuadorian criminal procedural system. Additionally, it recommends the implementation of training and supervision mechanisms to ensure the correct application of this principle in judicial practice, thereby promoting greater confidence in the administration of justice.
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    Los delitos informáticos y el derecho a la intimidad en el Código Orgánico Integral Penal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-10) Zamora Sánchez, Jairo Ricardo; Tite, Segundo Ramiro
    The present research work entitled THE COMPUTER CRIMES AND THE RIGHT TO INTIMITY IN THE CRIMINAL ORGANIC CODE, had as main objective to legally study computer crimes as they work and what are their sanctions to thereby determine how they affect the right to the privacy of people, one without first investigating in a technical way that is privacy as a right and in what it consists of what its elements and characteristics are and how the state has the duty to protect it, since the improper use of public information produces several computer crimes established within the Comprehensive Organic Criminal Code that affect the privacy of people both in their property and personal rights, for which the scientific method was applied, with the collection of bibliographic and documentary information, a population universe was established and a sample was processed among lawyers in free exercise cio, to which a field study was applied with the survey method and the questionnaire instrument, with this information, the analysis and interpretation of the results were carried out to subsequently verify the hypothesis with the statistical study of the distribution of chi square, finally the corresponding conclusions and recommendations were established once it was verified that computer crimes do affect the right to privacy.
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    La prisión preventiva y el principio de mínima intervención en el código orgánico integral penal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07) Venegas Duncan, José Luis; Montero Solano, Juan Pablo
    The present research work with the topic THE PREVENTIVE PRISON AND THE PRINCIPLE OF MINIMUM INTERVENTION IN THE CODIGO ORGANICO INTEGRAL PENAL, had as main objective to study preventive detention and the principle of minimum intervention in the Comprehensive Organic Criminal Code, because the application Inadequate of this precautionary measure of exceptional use, influences so that the principle of minimum intervention is violated, which causes the prisons to be filled with people who cannot exercise their right to mobility during the criminal process, without actually existing Circumstances to doubt, that appear in this process or that do not comply with the penalty that could be condemned in case of checking the possible responsibility, for which we proceeded with the respective bibliographic review about the different variables, for which I apply the scientific methodology, a survey aimed at criminal judges and age was used as a method The criminal prosecutors of the Canton Ambato, and as an instrument the questionnaire that contained eight questions related to the variables was used, subsequently the field study was carried out, to process the information obtained and check the hypotheses with the distribution of the T-student, Finally, the conclusions and recommendations of the degree work were determined.