Jurisprudencia y Ciencias Sociales

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

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Tema: search.filters.subject.PODER PUNITIVO

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  • Miniatura
    Item type:Ítem,
    Las multas del Código Orgánico Integral penal y la proporcionalidad
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03)
    Cisneros Guevara, Liduvina Susana
    ;
    Tite, Segundo Ramiro
    The Dictionary of the Spanish Language (2022), states that the fine is the "administrative or criminal sanction that consists of the obligation to pay a certain amount of money" in this sense, the fine is a pecuniary punishment that consists of the obligation to make financial compensation for the commission of a crime in Criminal Law or as a way to sanction a breach in the administrative field. The writer Eugenio Zaffaroni, in his work on Criminal Law, states that proportionality is“The principle of rationality can be assimilated to that of punitive proportionality since it is considered undermined at the time of imputing penalties that do not turn out to be in accordance with the unjust caused by the commission of a crime, which must be inexorably considered in order not to injure further the principle of humanity through the imputation of irrational penalties”. (2005, p. 325).In the present research work is of great interest and of great importance because it will be carried out due to the need to find a legal technical analysis on the proportionality of the fines that are established in Art. 70, of the Comprehensive Criminal Organic Code. Unfortunately, despite the fact that it was a good idea to have fines that are onerous for the environment in which we live, they have been very complicated to enforce on the part of the sentenced person, especially in crimes whose sentences have a sentence of ten to thirteen years. While, when speaking of proportionality, this goes much further, because it is the ability of both the Assembly member and the executive and judicial authorities to be able to act using weighting when establishing each of the penalties fee.
  • Miniatura
    Item type:Ítem,
    El poder punitivo del estado y la proporcionalidad de la pena para el delito de peculado
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12)
    Santamaría Altamirano, Diego Paúl
    ;
    Tite, Segundo Ramiro
    ABSTRACT The Punitive Power of the State or Ius Puniendi "consists of the sanctioning power it has to impose a penalty on anyone who has infringed a legal norm. This represents an emanation of its sovereignty, and not a mere subjective right to punish". (Gonzalez, 2014). This power that a State has to impose the sanctions that correspond to each one of the crimes, allows it first of all to carry out a thorough study of the law to establish penalties according to the gravity of each crime; it is for this reason that the people in charge of making the laws must be people with sufficient preparation, with the necessary knowledge, to try not to make mistakes. The proportionality of the penalty is nothing other than to hope that both the authorities and those who draft the Constitution and the different laws of a State do so with this in mind, precisely so as not to punish drastic minor crimes with drastic penalties and instead impose low penalties for major crimes. The Argentine writer Eugeni Zaffaroni states about proportionality: "The principle of rationality can be assimilated to the principle of punitive proportionality since it is considered undermined at the moment of imposing penalties that are not in accordance with the unfairness caused by the commission of a crime, which must be inexorably considered in order not to further injure the principle of humanity through the imputation of irrational penalties. (Zaffaroni E., Criminal Law, General Part, 2005, p. 325). In Ecuador, the offence of graft must be punished according to the gravity of the offence, because the damage caused is to the national treasury, which affects all Ecuadorians. As has been seen in recent years, the scandals have been at the level of the countries of South and Central America, seriously affecting their economies because, according to the investigations carried out, the damage caused is several million dollars. The Ecuadorian State has the obligation to arm itself to prevent the crime of graft, or at least that people think twice before doing so, because they will know that the penalties that are going to be imposed are severe, to protect the economy of the State and thus establish proportional penalties for each crime that affects the efficient public administration. The doctrinarians Günther Jakobs and Manuel Cancio Meliá, in their book Criminal Law of the Enemy, maintain that: "...there also exist processes of criminalization "the old way", that is to say, the introduction of new penal norms with the intention of promoting its effective application with any decision, proceedings leading to new criminal rules that are applied, or to the stiffening of penalties to existing rules". (Jakobs & Cancio Melía, 2003)