Maestría en Derecho Penal y Procesal Penal

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/29523

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Start date: 2020Subject: search.filters.subject.DEBIDO PROCESO

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    Aplicación de la consulta a un superior en los casos de dictamen abstentivo fuero de Corte Nacional
    (Fcultad de Jurisprudencia y Ciencias Sociales,Derecho,Maestría en Derecho Penal y Procesal Penal, 2021) Morales Zuñiga, Jhoselin Pamela; Acosta Morales, María Gabriela
    EXECUTIVE SUMMARY The present research work was divided into four chapters substantially complementary to the research topic; its objective is to elaborate a document of constitutional legal analysis on the application of the consultation to a superior in the cases of abstentive opinion with national court jurisdiction. Due process has always had a broad evolution in history and has been recognized as one of the primordial rights that allow respect for the rights of individuals, through a set of rules that seek to ensure their effective protection. In addition to the above, it is of absolute importance that such guarantees are enshrined in the Constitution of the Republic which, being the hierarchically superior norm, means that such rights are directly applied. Then the international conventions and treaties have not been left aside, as can be seen, in Ecuador there is a fiscal monopoly, a situation where the only provider of a good or service is the State. Thus, the government seeks to obtain income and dominate a sector that may be strategic for it. In this study, the methodology is qualitative, an analysis was made of the application of the different cases of abstentive opinion with national court jurisdiction, procedural subjects in the different hearings of Formulation of Charges, which showed the qualities that affect when applying the consultation to a superior, and in the quantitative part, the abstentive opinion with national court jurisdiction was counted; likewise, the xvii Inductive-Deductive, Analytical-Synthetic, Historical-Logical methods were used. Therefore, the expected result is to know to what extent the abstentive opinion of the Attorney General in cases of National Court jurisdiction affects the right to appeal, nowadays, in the Constitutional State of rights and justice, causing a violation of the principle of Procedural Challenge, since the operators of justice of the National Court, upon learning of an Abstentive Opinion by the Attorney General of the State being its highest authority, have no one to whom to raise the opinion for consultation, in order to revoke or ratify it.
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    El ejercicio privado de la acción penal y el garantismo procesal en el código orgánico integral penal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-10) Paredes Fuertes, Fernando Eduardo; Acosta Morales, María Gabriela
    The purpose of this investigation is to deepen the study of the private exercise of criminal action. The procedure as much as its applicability in the exercise and even more its direct connection with the procedural guarantee, as a new figure of the criminal dogmatic that consists in establishing the international parameters as well as constitutional of the right of due process and of the victim and processed in the palestra of the procedural system. The quantifiable methods to determine an exact consolidation of values that allow criticizing, analyzing and projecting conclusions have been developed through statistical data of the causes entered in the last year in both public and private action crimes, and its application has been qualified in the procedural guarantee, analyzing and applying surveys to professional, the same ones that have issued their criteria regarding the guarantees of the right to defense, precautionary measures and judging in absence. Likewise, we analyzed the ways to extinguish the private exercise of the action as a way to enforce the claims of the parties, as well as those crimes existing in the Ecuadorian legal as crimes of private action in a comparison to foreign standards that contain a wide range of private crimes that could be included in our criminal system. The forgetting of the legislative body as well as the excessive interference of the State has caused the non-existence of reforms to guarantee an effective process of private action, consequently, the low application of it produces the violation of procedural guarantees as well as unnecessary budgetary spending and procedural congestion. Therefore, the reforms are necessary for the improvement of the private procedure of the action, as well as the effectiveness of the procedural guarantees under the protection of a correct application of criminal justice.
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    La reparación del procesado en los casos de ratificación del estado de inocencia
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-08) Vallejo Sánchez, Ana Lisbeth; Pazmiño Vargas, Klever Alonzo
    The purpose of this investigation is to analyze the reparation of the accused in cases of ratification of the state of innocence of a person who has been deprived of liberty for several days or months. The methodology used was the qualitative one based on documentary research on the problem raised, as well as the carrying out of case studies where people have been detained and deprived of their liberty for an indeterminate time, and that in the respective process has not been found elements of conviction to consider him as accused, declaring the dismissal in the case. It is proposed as a conclusion that there is no procedure where people can request comprehensive reparation against the State, to compensate for the damage caused by having been deprived of liberty to a person for being innocent. The legal norm repeats that if a conviction is reformed or revoked, through the appeal for review, the State must repair the person who suffered punishment as a result of said sentence and that once the responsibility of servants or servants for such acts has been declared, he will have to repeat against them in the manner indicated in the Organic Code of the Judicial Function. Although the third paragraph of article 15 of the Organic Code of the Judicial Function refers to the appeal for review as the ideal way for a conviction to be revoked or reformed and the obligation of the State to repair the person who suffered punishment as a result can be generated of such a sentence.