Browsing by Author "Moyolema Chaglla, Luis Alberto"

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    La Criminología Mediática en el Ecuador y su influencia en el dictado de la prisión preventiva
    (2021) Moyolema Chaglla, Luis Alberto; Granizo Montalvo, César Audberto
    EXECUTIVE SUMMARY The following work refers to the topic of study in question. The objective of this research is to analyze why prosecutors require that personal precautionary measures of pretrial detention be dictated when this measure is a measure of last resort and the right to freedom is a right that is enshrined in the Constitution of the Republic of Ecuador, and it is evident that, in the ventilation of trials related to corruption, collective interest is generated. The thesis is that media criminology, through the media, generates pressure on authorities because they disseminate news of a criminally relevant conduct to crimes such as influence peddling, bribery, extortion, which seeks particular benefits. The methodology is qualitative, since an analysis was made of the different speeches of the procedural subjects in the different hearings of Formulation of Charges, which showed the qualities that affect the media in the cases of the subject of the present investigation; and in the quantitative part, the criminal news were counted; likewise, the Inductive-Deductive, Analytical-Synthetic, Historical-Logical methods were used. As a result, the expected result was reached, that is to say, it was evidenced how the media affect today, in the Constitutional State of rights and justice, contributing, in xv some cases to the judgment of criminality based on stereotypes or stigmatizations; and how the media are part of the social reality with clear incidence in the treatment of the phenomena of communication are part of the social reality with clear incidence in the treatment of criminal phenomena and in the promulgation of criminal laws.
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    Medidas sustitutivas y el Derecho de la presunción de inocencia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Moyolema Chaglla, Luis Alberto; Pazmiño Vargas, Klever Alonso
    The Constitution of the Republic of Ecuador and the international legal instruments on human rights, enshrined freedom of the universal rights of the human being, the procedural rules have mechanisms of claim of those judicial decisions that restrict or limit the right of free mobility for the people. The practice of criminal procedure in Ecuador, has shown the abuse in the application of preventive detention, without taking into consideration that it is a surrogate measure of exceptional staff that must be issued subject to the provisions of the Constitution of the presumption of innocence. The right to the presumption of innocence has been one of the most violated by the organs of the administration of Justice, this study is considered important. The treatment it has received by prosecutors and judges reflects how this beginning has been persecuted at the expense of human dignity; in many processes although there is no sufficient conviction, is fiscal sustains charges without the slightest legal support, and worse accepted by judges under the pretext that the Prosecutor's office is the holder of the investigation and the prosecution, forgetting that they are guarantors of due process. The issues described in this work are entitled "Alternative MEASURES AND THE RIGHT TO THE PRESUMPTION OF INNOCENCE". Presents a theoretical research, based on the concepts, doctrinal views and critical review of legal norms, and information compiled of law professionals who provided their criteria in the survey and the interview, all this collection gives conclusions and recommendations and finally the approach of the legal proposal to reform the Organic Code Criminal Integral (COIP).