Las multas como pena accesoria del delito y el principio de proporcionalidad

Abstract

The graduation work: "FINES AS PENA ACCESSORY OF CRIME AND THE PRINCIPLE OF PROPORTION" proposed that the pecuniary fines from a judgment, be regulated in a different way to which to date has been carried out, so that this so the state ensure the proper implementation of laws. After the investigative work, it is concluded that the mechanical application made by the administrator of justice by imposing financial penalties for the person whose judgment is damning, it is implemented through the legal requirements established by law, but it should be noted that the same law It does not take into consideration several factors which are vital for assertive decision imposing fines. The addition of a new methodology for determining the fines to be applied in our legislation will help forewarn not only the rights and guarantees of persons deprived of liberty but of the victims and the state which promotes better performance and application criminal regulations. By taking into consideration several key aspects in the implementation of a correct and appropriate punitive legislation, the state would guarantee due process and proper compliance with the principles and constitutional guarantees. Under these parameters, it is inevitable to state that this research is of vital importance and significance in the proper and optimal development of Ecuadorian law, as it seeks to provide an alternative solution to the problem, which is of paramount importance is incorporated into our legal system for the protection and safeguarding of the rights and guarantees of individuals.