Maestría en Derecho Penal y Procesal Penal
Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/29523
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Item La acción penal de lesiones y la vulnerabilidad de Derechos(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-11) Ubidia Gavilanes, Carlos Alonso; Bazantes Ecobar, Washington JavierThe purpose of this investigative work is to study in a descriptive way the criminal action of injuries and the vulnerability of rights, due to the obscurity and lack of norm in the private criminal action of injuries since they do not have a mechanism to resolve the situation in flagrance. In the development, the purpose of the criminal action of injuries such as the violation of rights, doctrinal concepts, jurisprudentials, causes and effects is analyzed, together with the object of the criminal process, establishing the criminal principles and rights of the active subjects and liabilities of the criminal offense that have been violated due to such legal flaws, which were analyzed based on concepts of authors and international human rights standards of which Ecuador is a part. Critical-propositive opinions are carried out in the development, with the aim of providing criteria that lead to avoid existing asymmetries due to state legal persecution..Item La prescripciónde la acción penal y los derechos del sujeto activo de la infracción(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-05) Gavilanes Domínguez, Christian Danilo; Garzón Villacrés, Iván ArsenioThe purpose of this research work is to study in a descriptive way the prescription of the action and its incidence on the rights of the active subject of the criminal offense, due to the statute of limitations on sexual crimes committed against children and adolescents, through the approval in popular consultation by the Ecuadorian people. In the development is analyzed the end of the prescription of criminal action, doctrinal concepts, jurisprudence, causes and effects, together with the purpose of the criminal process and criminal policy, getting to establish what are the criminal principles and rights of the alleged active subject of the criminal offense that has been violated because of such imprescriptibility, which were analyzed based on concepts of authors and international human rights standards of which Ecuador is a part. In the development, critical-propositive opinions are carried out, with the aim of providing criteria to avoid existing asymmetries due to state legal persecution.