Browsing by Author "Vargas Galarza, Juan Carlos"

Filter results by typing the first few letters
Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    El delito de estafa y la mínima intervención penal
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Vargas Galarza, Juan Carlos; Altamirano Dávila, Carlos Fabián
    This investigation is based on the existence of two parts of law which provide solutions when they´re interposed these are civil lay and penal law. The actions that affect a person´ patrimony have generated a conflict to the judicial power of the State to solve because of the Constitution order to be activated as a last resource due to there is another policy that could bring the same or even better solutions to the same case. Considering that definitely fraud has damage as an intrinsic element. While in civil scope damage appears like a bad habit of consent and has as the consequence the nullity of the contract and the compensation for damage and detriment through judgement, situation that motivates to use only one part of law the patrimonial damage which comes from a voluntary act established in a contract that with an investigation is possible to suffer a bad habit against a parson´s will induced by one of the parts and no as a reason for a penal judgement. Finally a proposal is presented to reform the Integral Organic Code noting the effective application of the principle of Minimal Penal Intervention.