Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.DERECHO PENAL

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Now showing 1 - 10 of 23
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    Uso de la detención con fines investigativos y el menoscabo al principio del Debido proceso en el Caso Lex
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-04-01) Segura Pallo, Karla Daniela; León Trujillo, Edisson Santiago
    The legal figure called detention for investigative purposes established in the Comprehensive Organic Criminal Code (COIP) in the Republic of Ecuador, legally seeks to generate a procedure where the basic constitutional guarantees and rights are fulfilled, seeking the effective realization of justice. Therefore, the present investigative project seeks to demonstrate the use of this precautionary measure and its impact on the principle of due process, focusing on the "Lex" case. An innovative study of the regression towards an inquisitorial system that may be occurring in current judicial practice is introduced, a phenomenon that has not been sufficiently studied in Ecuadorian legal doctrine. In addition, it constitutes a novel scientific perspective by exploring how this legal figure, which should be a limited investigative tool, has become a way of violating constitutional rights of the persons investigated. For this, a methodological study of an explanatory type is applied, under a qualitative, casuistic, and analytical method that allows to demonstrate a distorted use of detention; In this sense, this investigative work is immersed in the line of research of “Public policies, law and society”. Which allows to have as main result that the precautionary measure of detention for investigative purposes violates the principle of due process, and subjects the detainee to undue pressure, which reflects a legal regression both in the Ecuadorian penal system and in human rights. Concluding that the application of detention for investigative purposes in effect undermines the principle of due process
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    El principio de confianza en el derecho penal y la violencia física en el estado ecuatoriano
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) Altamirano Escobar, Joselin Mishel; Acosta Morales, María Gabriela
    This research deals with the Principle of trust in criminal law and physical violence in the Ecuadorian State, as an essential foundation that forces people to act reasonably trusting that others will comply with the laws and regulations established for the protection of their rights. In Ecuador, physical violence represents a serious social problem, affecting various groups and requiring a comprehensive response from the judicial system. Failure to comply with this principle can intensify aggression, weakening social cohesion and the effectiveness of judicial institutions. Therefore, the objective of the research focuses on studying the impact of the principle of trust within the framework of Ecuadorian criminal law, especially in relation to physical violence. Through a qualitative approach, using the type of descriptive and exploratory research, using the interview as a research technique; therefore, it is within the line of public policies, law and society. Examining the different perceptions of judges, prosecutors and lawyers in free practice on the application and effectiveness of the principle of trust in cases of violence. The results included the contribution of officials regarding the justice system in relation to the position they hold. In conclusion, trust is not only a legal principle, but also serves to guarantee justice and the protection of human rights in Ecuador, since there is a need to strengthen this principle to more effectively confront physical violence, correctly applying legislation and judicial practices.
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    La ampliación de la versión para tercero y el principio de igualdad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11) Chiliquinga Perez, Johana Maricela; Naranjo Malán, Milton Elder
    The research addresses the issue of the disparity in the right to request the extension of testimony within the Ecuadorian criminal process. Currently, this right is primarily restricted to the Prosecutor's Office, leaving third parties at a disadvantage, which violates the principle of equal opportunities and due process. The methodology used in this research is qualitative, based on a documentary and bibliographic approach. An exhaustive review of Ecuadorian legislation, particularly the Organic Comprehensive Criminal Code (COIP), was conducted, along with an analysis of relevant jurisprudence and legal doctrines addressing the principles of procedural equality, legal security, and the right to defense. A jurisprudential matrix was employed to systematize and compare key judicial decisions on the extension of testimony and the principle of equality. The results of the research reveal that the current COIP regulation, specifically Article 508, paragraph 3, creates a procedural imbalance by exclusively granting the Prosecutor's Office the right to request the extension of testimony, denying this possibility to third parties. This imbalance contravenes both the Ecuadorian Constitution and international human rights standards that promote equal opportunities and a fair trial. In conclusion, the research highlights the urgent need to reform the COIP to ensure that all actors in a criminal process, including third parties, have the same right to request the extension of testimony. This would not only strengthen the principle of equal opportunities but also improve equity and justice in the Ecuadorian criminal procedural system. Additionally, it recommends the implementation of training and supervision mechanisms to ensure the correct application of this principle in judicial practice, thereby promoting greater confidence in the administration of justice.
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    Mecanismos de la reparación integral a la víctima y la justicia inmaterial
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-07) Arias Galiano, Evelyn Gabriela; Arcos Morales, Jorge Enrique
    Ecuador has adopted integral reparation in its criminal justice system as a restorative element, which constitutes a constitutional right for victims of criminal offenses. It is expressly determined in article 18 of the Organic Law of Jurisdictional Guarantees and Constitutional Control that "The reparation will be carried out according to the type of violation, the circumstances of the facts and the impact on the life project", with which the integral reparation It must be the result of the motivation of the constitutional judge, considering as the main element the proportionality that must exist between thelegal remedies and the declaration of violation of constitutional rights. Additionally, the same normative provision recognizes the type of possible repairs, without being an exhaustive list, which is the result of the reception of international standards; Thus, mention is expressly made of the measures of: restitution of the right, economic or patrimonial compensation, rehabilitation, satisfaction, guarantees of nonrepetition, obligation to investigate, recognition measures, public apologies, provision of public services, health care, among other In such a way that the restitio in integrum provides the victims of the transgressions of constitutional rights to enjoy the right in the most adequate way possible and, as far as possible, it is restored to the previous situation of the violation, when that is possible. Therefore, the following Degree Project aims to generate a study of the genesis of integral reparation, its principles, analyze the damages present in the victims and the reparation mechanisms provided by the Law. A specialized Unit is proposed to attend to the citizenship and the victims of criminal offenses, that only this typicity be addressed since the Public Defender's Office of Ecuador does not provide the specialized and technical attention that the victims need, there is no place where the rights that assist them, the amparo professed by article 78 of the Constitution of the Republic and article 68 of the Comprehensive Organic Penal Code and provide them with the mechanism to make their claims, providing citizens with basic knowledge in legal advice.
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    El debido proceso y la proporcionalidad de las penas en la conducción de vehículos en estado de embriaguez
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Gavilanes Altamirano, Danny Israel; Pazmiño Vargas, Klever Alonso
    Guaranteeing respect for the rights of procedural subjects, as well as ensuring compliance with the guarantees of due process, are one of the fundamental pillars that the Ecuadorian State provides among its plurinational and multicultural principles. In turn, criminal law is the body in charge of carrying out the legal order, each time an irregularity or criminal offense occurs with the intention of protecting the legal security of society. Part of this safeguard is to enforce the different legal mechanisms, so that when a trial is used; There remains reliable and convincing evidence of having used due process, in cases where there is a need to punish a person, that it is proven that he has committed a criminal offense. The objective of the following Degree Work is to diagnose the general characteristics of due process and analyze the proportionality of the penalties in terms of their application, in cases related to the driving of vehicles in a state of intoxication, where it is sought to detect the possibility of the existence of a legal vacuum that violates human rights and, respect for the free movement of whoever commits the crime or infraction. It is a mixed investigation, directed towards the iterative or integrative, under the documentary modality, explanatory-descriptive and correlational field. The results of the investigation indicate that there is a disproportionality in the sanctions or penalties that arise from the violation of driving vehicles while intoxicated, typified in the Comprehensive Organic Penal Code (COIP), especially when compared with other criminal offenses of higher magnitude and are sanctioned by the same COIP in a non-proportional way, affirming among the conclusions the existence of a legal vacuum, with respect to these penalties that a judge sanctions, leaving aside for the legislators, the possibility of considering what is known as the abstract penalty, to measure in a coherent, suitable, necessary and weighted manner the possibility that the sanction is commensurate or proportional to the magnitude of the violation, without neglecting the damage to third parties that could be caused. Descriptors:
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    Los delitos informáticos y el derecho a la intimidad en el Código Orgánico Integral Penal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-10) Zamora Sánchez, Jairo Ricardo; Tite, Segundo Ramiro
    The present research work entitled THE COMPUTER CRIMES AND THE RIGHT TO INTIMITY IN THE CRIMINAL ORGANIC CODE, had as main objective to legally study computer crimes as they work and what are their sanctions to thereby determine how they affect the right to the privacy of people, one without first investigating in a technical way that is privacy as a right and in what it consists of what its elements and characteristics are and how the state has the duty to protect it, since the improper use of public information produces several computer crimes established within the Comprehensive Organic Criminal Code that affect the privacy of people both in their property and personal rights, for which the scientific method was applied, with the collection of bibliographic and documentary information, a population universe was established and a sample was processed among lawyers in free exercise cio, to which a field study was applied with the survey method and the questionnaire instrument, with this information, the analysis and interpretation of the results were carried out to subsequently verify the hypothesis with the statistical study of the distribution of chi square, finally the corresponding conclusions and recommendations were established once it was verified that computer crimes do affect the right to privacy.
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    El ejercicio privado de la acción penal y el garantismo procesal en el código orgánico integral penal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-10) Paredes Fuertes, Fernando Eduardo; Acosta Morales, María Gabriela
    The purpose of this investigation is to deepen the study of the private exercise of criminal action. The procedure as much as its applicability in the exercise and even more its direct connection with the procedural guarantee, as a new figure of the criminal dogmatic that consists in establishing the international parameters as well as constitutional of the right of due process and of the victim and processed in the palestra of the procedural system. The quantifiable methods to determine an exact consolidation of values that allow criticizing, analyzing and projecting conclusions have been developed through statistical data of the causes entered in the last year in both public and private action crimes, and its application has been qualified in the procedural guarantee, analyzing and applying surveys to professional, the same ones that have issued their criteria regarding the guarantees of the right to defense, precautionary measures and judging in absence. Likewise, we analyzed the ways to extinguish the private exercise of the action as a way to enforce the claims of the parties, as well as those crimes existing in the Ecuadorian legal as crimes of private action in a comparison to foreign standards that contain a wide range of private crimes that could be included in our criminal system. The forgetting of the legislative body as well as the excessive interference of the State has caused the non-existence of reforms to guarantee an effective process of private action, consequently, the low application of it produces the violation of procedural guarantees as well as unnecessary budgetary spending and procedural congestion. Therefore, the reforms are necessary for the improvement of the private procedure of the action, as well as the effectiveness of the procedural guarantees under the protection of a correct application of criminal justice.
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    La prisión preventiva y el principio de mínima intervención en el código orgánico integral penal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07) Venegas Duncan, José Luis; Montero Solano, Juan Pablo
    The present research work with the topic THE PREVENTIVE PRISON AND THE PRINCIPLE OF MINIMUM INTERVENTION IN THE CODIGO ORGANICO INTEGRAL PENAL, had as main objective to study preventive detention and the principle of minimum intervention in the Comprehensive Organic Criminal Code, because the application Inadequate of this precautionary measure of exceptional use, influences so that the principle of minimum intervention is violated, which causes the prisons to be filled with people who cannot exercise their right to mobility during the criminal process, without actually existing Circumstances to doubt, that appear in this process or that do not comply with the penalty that could be condemned in case of checking the possible responsibility, for which we proceeded with the respective bibliographic review about the different variables, for which I apply the scientific methodology, a survey aimed at criminal judges and age was used as a method The criminal prosecutors of the Canton Ambato, and as an instrument the questionnaire that contained eight questions related to the variables was used, subsequently the field study was carried out, to process the information obtained and check the hypotheses with the distribution of the T-student, Finally, the conclusions and recommendations of the degree work were determined.
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    Derecho penal mínimo y justicia restaurativa
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Vargas Soria, Sandra Paola; Benavides Benalcázar, Merck Milko
    In a globalized era, in which crime is conceived as a phenomenon and a potential enemy of the States stability, punishment as a deterrent resource acts as a rule rather than as an exception. In this way the cession has been admitted and in many cases even the confiscation of rights, as a response to the crime. Restorative justice emerges in the face of this panorama, with a retrospective look at the origins of the conflict, returning protagonist to the victim and trying to find the reconciliation of the offender with the community, without pretending exclusively the punishment, but the restoration of social peace. The aim of this research is to analyze the application of minimum criminal law as an alternative to the punitive solution to favor the implementation of restorative justice channels in national legislation, as well as to account for the benefits of this resource, both for the administration of justice, as for the parties involved in the criminal process. With the support of an observation guide, the adopted resources are registered and identified during the year 2018, in some investigations and criminal proceedings in order to end the conflict; and, with the support of the experts' criterion, through a structured interview, points of view are obtained that are addressed from the different spheres in which each one of the respondents works, they can be judges, prosecutors, lawyers in free professional practice and Academics dedicated to the study of penal science. Through the obtained results, a current panorama of the problematic in study is offered. It concludes with a proposal that allows expanding the possibility of adoption and effects of a conciliatory process, with the aim that, under the agreement of the parties, punitive solutions are avoided in the processes and the victim's reparation is privileged as the essence of the system.
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    El delito de estafa y la mínima intervención penal
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Vargas Galarza, Juan Carlos; Altamirano Dávila, Carlos Fabián
    This investigation is based on the existence of two parts of law which provide solutions when they´re interposed these are civil lay and penal law. The actions that affect a person´ patrimony have generated a conflict to the judicial power of the State to solve because of the Constitution order to be activated as a last resource due to there is another policy that could bring the same or even better solutions to the same case. Considering that definitely fraud has damage as an intrinsic element. While in civil scope damage appears like a bad habit of consent and has as the consequence the nullity of the contract and the compensation for damage and detriment through judgement, situation that motivates to use only one part of law the patrimonial damage which comes from a voluntary act established in a contract that with an investigation is possible to suffer a bad habit against a parson´s will induced by one of the parts and no as a reason for a penal judgement. Finally a proposal is presented to reform the Integral Organic Code noting the effective application of the principle of Minimal Penal Intervention.