La violación con muerte a niños o niñas y la regulación de penas en el COIP

Abstract

The present graduation work entitled "THE VIOLATION WITH DEATH OF CHILDREN AND THE REGULATION OF PENALTIES IN THE CORE COMPREHENSIVE CRIMINAL CODE" proposes to implement the integral reparation of the victim by the State. In Ecuador the crime of rape with death causes great social commotion among its inhabitants, the National Police through DINASED states that in 2014 were 5 and 2015 6 cases giving an increase, it is clear that the figures are not so extensive , But since the victim is a child, and because it is considered a priority attention group, the population in general is concerned about the violation of fundamental rights established in the Constitution, such as the right to life, the right to physical, moral, And sexual. The Comprehensive Criminal Organic Code called COIP, which entered into force in 2014 typifies and punishes criminal offenses, the crime of rape with the death of children is punishable by a custodial sentence of twenty-two to twenty-six years, is taken in Account the circumstances of the offense, as well as the integral reparation of the victim, thus treating the convicted person to pay the material, personal or social damage caused. With the information collected and after the analysis and interpretation of the results, it is considered that the integral reparation of the victim must be assumed by the Ecuadorian State provided that the condemned person does not have the necessary resources since implementing this measure in the Organic Code Integral Penal COIP, the full reparation of the victim, his / her relatives and society in general may be effectively effectuated. From what can be said that this work of investigation is of importance and transcendence, since it tries to reform article 171 in relation to the violation with the death of children thus trying not to violate constitutional and international rights of the children.