Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Obregón Manzano, Lucia GabrielaSubject: search.filters.subject.AUDIENCIA

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    El acuerdo reparatorio en las contravenciones penales y el principio de proporcionalidad
    (2019-01) Obregón Manzano, Lucia Gabriela; Pazmiño Vargas, Klever Alonso
    The Chilean jurists Drs. María Inés Horvitz Lennon and Julián López Masle define reparatory agreements in criminal matters, stating that: "this institution consists, essentially, in an agreement between the accused and the victim, in which the former repairs in a way that is satisfactory for the second, the harmful consequences of the act that is criminally prosecuted, and that, approved by the Judge, produces, as a consequence, the extinction of the criminal action. " (HORVITZ, María and LÓPEZ, Julián: 2002, page 353), In other words, it is an economic agreement that satisfies the aggrieved party in a satisfactory manner, an agreement that must be approved by the Criminal or Contraventional Guarantees Judge and that produces the extinction of the criminal action, and the same is not prohibited by the legal norm in case of criminal contraventions as determined by Art. 641 of the Comprehensive Organic Penal Code, with its clear exceptions, considering how the criminal offenses is the lack that is commits to not comply with the order. Transgression of the law. However, the present study seeks to determine that the conciliation allows the accused to go free without having to pay a penalty or custodial sentence so that the principle of proportionality is not complied with, which is nothing more than imposing appropriate sanctions. with the typical behavior presented by offenders within the legal system of a Constitutional State of rights and justice as is Ecuador, for this reason it seeks to study this legal social problem, which are immersed in several contraventores that have reached the application of reparatory agreements, in order not to comply with the penalties imposed for each case as determined by the Organic Comprehensive Criminal Code known as the Organic Comprehensive Criminal Code, being contrary to the determination or application of a custodial sentence based on the proportionality of the infractions committed.