La reparación integral de las víctimas y las disposiciones del Código Orgánico Integral Penal

Abstract

The research work titled: “THE INTEGRAL REPARATION OF THE VICTIMS AND THE PROVISIONS IN THE CÓDIGO ORGÁNICO INTEGRAL PENAL”, performs a thorough analysis of the few provisions contained in the Code Organic Integral Criminal Código Orgánico Integral Penal with respect to integral reparation of victims of criminal offences that consist in three articles that address the rights of victims, the comprehensive reparation of damage and the mechanisms to apply, as well as the principles, rights and guarantees referred to in the Constitution of Ecuador, 2008, and other legal sources, national and international. After a thorough theoretical investigation and field came to determine that the provisions referred to in the Código Orgánico Integral Penal are not sufficient to ensure comprehensive reparation to the victims, but on the contrary many of the times tend to be the cause of that criminal justice bodies incur in serious violations of the protection rights enshrined in the constitution since it is currently what is causing dissatisfaction with these processes is the discretion of the acting operators of justice validating other principles of criminal law that the right of protection and integral reparation to the victims. In this sense, the article 78 of the current Constitution establishes that “The victims of criminal offenses shall benefit from special protection...”, “shall be mechanisms for a repair...” in accordance with the particulars set out in the provisions of the COIP and other international instruments. The integral reparation of the victims of criminal offences is a topic which is taking a great momentum because of the alarming figures of deprotection of the victims at the local, national and international, and is the reason that motivated the conduct of this research, which seeks to offer an alternative solution to the problem, through the establishment of a protocol to inter-agency for the protection, attention and integral reparation to victims of criminal offences.