Derecho

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    Sistema progresivo de rehabilitación social y el sistema de rebaja por méritos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-05) Ortiz Paredes, Mayra Tatiana; Sánchez Espín, Jorge Enrique
    The research work titled: “THE PROGRESSIVE SYSTEM OF SOCIAL REHABILITATION AND THE SALES SYSTEM BY MERITS”, Carries out an indepth analysis of the few provisions contained in the Comprehensive Criminal Organic Code (COIP) regarding the treatment of persons deprived of their liberty in criminal offenses, which are contained in twelve articles dealing with the treatment of prisoners, Rights and guarantees contemplated in the Constitution of Ecuador 2008 and other national and international legal sources After extensive theoretical and field research, it was determined that the provisions contemplated in the Comprehensive Criminal Organic Code are not sufficient to guarantee an adequate social rehabilitation for persons deprived of liberty, but on the contrary many of the times they are often the cause That criminal justice organs commit serious violations of the rights of protection enshrined in the Constitution because at the present time what is causing disagreement is the inadequate application of the rights of prisoners to adequate rehabilitation and This eliminating recidivism of them. In this sense, the Article 51 of the Constitution states: "the rights of persons deprived of liberty ...” in accordance with the provisions of the Code of Criminal Procedure and other international instruments. The social rehabilitation of persons deprived of liberty of criminal offenses is a subject that is taking a great impulse due to the alarming figures of recidivism of these people at local, national and international level, reason for the realization of this investigation which intends Offer an alternative solution to the problem, through the Draft Law Reformatory to the Comprehensive Criminal Organic Code Chapter Second General Regime of Social Rehabilitation Section Third Treatment.
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    La reparación integral de las víctimas y las disposiciones del Código Orgánico Integral Penal
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-10) González Mejía, Adriana Cristina; Guevara Fuentes, José Rubén
    The research work titled: “THE INTEGRAL REPARATION OF THE VICTIMS AND THE PROVISIONS IN THE CÓDIGO ORGÁNICO INTEGRAL PENAL”, performs a thorough analysis of the few provisions contained in the Code Organic Integral Criminal Código Orgánico Integral Penal with respect to integral reparation of victims of criminal offences that consist in three articles that address the rights of victims, the comprehensive reparation of damage and the mechanisms to apply, as well as the principles, rights and guarantees referred to in the Constitution of Ecuador, 2008, and other legal sources, national and international. After a thorough theoretical investigation and field came to determine that the provisions referred to in the Código Orgánico Integral Penal are not sufficient to ensure comprehensive reparation to the victims, but on the contrary many of the times tend to be the cause of that criminal justice bodies incur in serious violations of the protection rights enshrined in the constitution since it is currently what is causing dissatisfaction with these processes is the discretion of the acting operators of justice validating other principles of criminal law that the right of protection and integral reparation to the victims. In this sense, the article 78 of the current Constitution establishes that “The victims of criminal offenses shall benefit from special protection...”, “shall be mechanisms for a repair...” in accordance with the particulars set out in the provisions of the COIP and other international instruments. The integral reparation of the victims of criminal offences is a topic which is taking a great momentum because of the alarming figures of deprotection of the victims at the local, national and international, and is the reason that motivated the conduct of this research, which seeks to offer an alternative solution to the problem, through the establishment of a protocol to inter-agency for the protection, attention and integral reparation to victims of criminal offences.