Unidad de Posgrado

Permanent URI for this communityhttp://repositorio.uta.edu.ec/handle/123456789/7849

Browse

Subject: search.filters.subject.DELITOS SEXUALES

Search Results

Now showing 1 - 2 of 2
  • No Thumbnail Available
    Item
    La revictimización y la tutela judicial efectiva en los casos de violencia sexual en Adolescentes en la ciudad de Latacunga
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-04) Cárdenas Merizalde, Kleber Iván; Segovia Dueñas, José Luis
    This research work, is of great importance and interest because from the new Constitution of the Republic of Ecuador issued on 2008, a fundamental right is granted towards victims of sexual violence, which is intended as non-revictimization in sexual crimes, in order from them to attend once in criminal proceedings and not suffer abuse and psychological impact, this in daily practice is not fully met since on several occasions and instances it has been evidenced the application of improper procedures by those who materialize and are in charge of the judicial system. Victims of sexual violence already suffer substantial impairment of their fundamental rights, as a consequence of actions or omissions that violate current criminal legislation and the supreme rule of the state. In this sense; and, when there are empty spaces in the regulations, development of special rules is essential and proper procedures for effective care to victims of sexual crimes; one of the main causes why in the country victims of sexual abuse proceed to abandon the trials initiated against their aggressors, it is precisely obstacles that presents the criminal process especially in obtaining the proof, in these specific cases, such is the fact they are practically forced to remember and relate again how the crime occurred as is being investigated. In the canton Latacunga there are cases in which the victims are revictimized; and, as a result their rights have been violated, because there is no effective structure in which it is detailed how the process should be structured on this specific issue, thus giving as a result in the victims a high degree of fear even mental disorders that in serious cases has reached suicide. The research topic is of great interest, and will provide a solution to the problem posed, since it will be verified that incorporation is really necessary of a legal scheme that guarantees in a practical and effective way non-revictimization. The draft it is feasible to do, it will have all the support and criteria of Judges of Criminal Guarantees, Prosecutors and free practice lawyers
  • No Thumbnail Available
    Item
    La prescripciónde la acción penal y los derechos del sujeto activo de la infracción
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-05) Gavilanes Domínguez, Christian Danilo; Garzón Villacrés, Iván Arsenio
    The purpose of this research work is to study in a descriptive way the prescription of the action and its incidence on the rights of the active subject of the criminal offense, due to the statute of limitations on sexual crimes committed against children and adolescents, through the approval in popular consultation by the Ecuadorian people. In the development is analyzed the end of the prescription of criminal action, doctrinal concepts, jurisprudence, causes and effects, together with the purpose of the criminal process and criminal policy, getting to establish what are the criminal principles and rights of the alleged active subject of the criminal offense that has been violated because of such imprescriptibility, which were analyzed based on concepts of authors and international human rights standards of which Ecuador is a part. In the development, critical-propositive opinions are carried out, with the aim of providing criteria to avoid existing asymmetries due to state legal persecution.