Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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  • Miniatura
    Item type:Ítem,
    El ejercicio de la acción penal pública y los derechos de la víctima en el proceso penal ecuatoriano”
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
    Chicaiza Cali, Alexandra Monserrath
    ;
    Ramiro Tite, Segundo
    This research paper analyzes the role of the prosecutor as the holder of the public criminal action, in accordance with the law, as they are the competent authority to exercise this action. However, the decisions made by the prosecutor regarding case dismissals, abstentions, and the application of the principle of opportunity affect the victim's interest in comprehensive reparations, the pursuit of justice and truth, and effective judicial protection. Despite legal advances regarding victims' rights, in practice, the prosecution's actions leave victims defenseless. This is evident in judicial practice in cases affecting restorative justice in our country. This problem arises from the lack of criteria to protect victims' rights in the face of procedural decisions such as the dismissal of investigations and the incorrect formulation of charges. This generates the need to analyze the prosecutor's role in public criminal action and the impact of these actions on victims' rights in reality, based on judicial cases. For this research, a qualitative methodology was employed, along with descriptive, analytical, and exploratory research levels. These methods allowed for the identification of the causes and consequences of the problem. Additionally, interviews were conducted with members of the judicial system, including judges, prosecutors, and practicing lawyers, who shared their perspectives on the issue based on their individual experiences. Regarding the review of the exercise of public criminal action and the rights of victims in the Ecuadorian criminal process, the following conclusion was reached: The Public Prosecutor's Office, representing the State, is the sole entity authorized to exercise criminal action, as established in Article 195 of the Constitution, which grants it procedural autonomy. However, the Public Prosecutor's Office does not efficiently fulfill the role entrusted to it in the Constitution, and the rights of victims are disregarded, violating their enshrined rights. The limitations and shortcomings in the exercise of public prosecution affect the effective guarantee of victims' rights in the Ecuadorian criminal process. These limitations are reflected in insufficient comprehensive reparations and vulnerability to procedural decisions, despite existing legal advances. It is important to consider that the prosecutor's participation has been affected by factors such as corruption, politics, and lack of training, among others, leaving victims completely defenseless.
  • Miniatura
    Item type:Ítem,
    La privación de libertad y el secuestro de menores de edad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-10)
    Castro Medina, Andrés Rafael
    ;
    Guevara Fuentes, José Rubén
    Nowadays on having checked the juridical regulation of the Ecuador we can find that different of articulated of the different laws and codes they are not identical to the reality of the citizenship, it is so when it exists a crime of kidnapping of minors, this does not possess a restricted interpretation where are indicated which are the methods of investigation used by competent authorities to manage to determine the possible persons in charge of the crime and obviously to meet on the whereabouts of the persons victims of the same one To the moment to visualize the above mentioned problem, it is necessary to investigate it to be able to obtain generating results of guarantees in order that the victims of this crime are protected as for his rights. Specifically with the right to the personal freedom, besides it be contributed by a suitable regulation that protects and guarantees in the first instance his integrity as well as his freedom. It is evident that the investigation is not specialized for this type of crimes, since preparation is needed in suitable strategies that allow the protection of the victims and that obtain encouraging results tending to the improvement of the Administration of justice and to the protection of rights of these persons The present investigation is focused on the exposition of an offer that allows that the investigations in this type of crime, adecuen to the real situation of the minors victims of kidnapping, avoiding hereby the violation of the right to the personal freedom, establishing directives for the District attorneys, Court officers and Judges in benefit of the protection of rights of all the persons who have been damaged his rights