Jurisprudencia y Ciencias Sociales
URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892
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Item type:Ítem, Facilitar conocimiento jurídico en el delito de delincuencia organizada, y la criminalización del ejercicio del Derecho(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) ;Ponce Pilatasig, Wilar SaúlAcosta Morales, María GabrielaIn Ecuador, organized crime has been one of the crimes that has required greater control and investigations due to the damages and violations of rights it has produced, which is why the legislator has incorrectly believed that it is convenient to criminalize the Law as a collaborated in this crime, without considering the sources that originate the modus operandi and the shortcomings of these criminal groups, therefore the main objective of the investigation is to determine if collaboration in organized crime of the third paragraph of Art. 369 of the COIP, criminalizes the professional practice of law, which can be clarified with the help of qualitative research of a descriptive, analytical and explanatory type, with the help of qualitative, analytical and comparative methods and research techniques and instruments that they allow. collect relevant information, which allowed us to obtain the result that the criminalization of legal professionals is not the ideal way to reduce the crime rate in Ecuador, since it must be a comprehensive regulation and observe the sources that originate the organization of these criminal groups, the reform of the article regarding the collaborators of this type of crime is urgent, due to the impact on the rights to work, due process, legal security and effective judicial protection.Item type:Ítem, El incremento de bandas delictivas en el ecuador y el porte libre de armas como necesidad de protección; un análisis socio-jurídico(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) ;Pacheco Constante, Juan GabrielTite, Segundo RamiroIn Ecuador so far in 2023, the excessive increase in criminal gangs and violence has become a social emergency for the State, which through its government has seen the need to resort to urgent measures such as authorization of the Free Carry of Arms as a necessary measure for personal protection, all this through the issuance of an Executive Decree. The constitution as the supreme norm of Ecuador grants the power to the president in office to issue decrees in times of emergency or national commotion, it is for this power that the current president Mr. Guillermo Lasso together with his cabinet ordered the free carrying of weapons within the civil society. All this as a result of the Prison Crisis that puts pressure on the government due to the high rate of riots that have developed in different Social Rehabilitation Centers in the country, resulting in the death of hundreds of people and transferring violence to the streets, generating collective panic among the citizens. It is for this reason that this research aims to demonstrate the impact of this measure adopted by the government to stop criminal gangs, but that it is a measure that will only increase the levels of violence in the streets.Item type:Ítem, La cooperación eficaz como técnicade investigación frente al delito de delincuencia organizada y su aplicación en el Ecuador período 2014-2018(Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho penal y procesal penal, 2020-03) ;Guiterrez Bonilla, Rosa LilianaSegovia Dueñas, José LuisThe special mitigation of effective cooperation in related crimes of Organized Crime, is one of the legal tools of criminal policy for the punishment and prevention of such crimes, which once considered intended to substantially reduce the penalty of the accused and is framed within the special benefits of the former Premial Criminal Law. The procedural legal qualification and the assessment of effective cooperation as sufficient proof of its concurrence corresponds to the Public Ministry in an exclusive and conclusive manner and not to the oral courts. In Ecuador from the year two thousand and fourteen, the legal figure called effective cooperation as one of the investigative techniques was incorporated into the Integral Criminal Organic Code. Among the objectives of this investigation, it is intended to analyze effective cooperation as an investigation technique against Organized Crime and its application in Ecuador, discuss its applicability, identify the crime of Organized Crime and its supporting crimes, compare the application of same in other states and understand the valid elements for Ecuadorian legislation. For this purpose, the survey and the interview that have been carried out to legal professionals and officials related to the criminal area, who have contributed valuablely in the construction of this investigation and have allowed conclusions and recommendations regarding their investigation have been applied as research tools. application in Ecuador.
