Maestría en Derecho Penal y Procesal Penal

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

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Subject: search.filters.subject.CODIGO ORGANICO INTEGRAL PENAL

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    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 Javier
    The 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..
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    La aplicación del principio de oportunidad y la reparación integral
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-09) Monar Castillo, Fabio Mauricio; Guevara Fuentes, José Rubén
    The problem regarding deficient integral reparation to the victim, has not been a generalized issue since the Integral Organic Penal Code regulates a penalty for the transcendence of the crime committed, whose sentences range from fifteen days in prison and with a ceiling of forty years if the active subject of the crime has committed an offense with some type of aggravating circumstance. However, there are crimes known to be doctrinaire as bagatelle and Ecuadorian criminal law has included speed for the actions of the prosecutor to discretionally apply the principle of opportunity; that it be understood that the discretionality to which I refer is with respect to the power granted by the norm to apply the aforementioned principle simply by looking at state circumstances, the sentence and the health condition of the active subject of the crime; leaving aside a constitutional right of the victim, to be repaired for having been affected his legal protected property; However, the latter may well claim by the civil jurisdiction, but the legislator has included several verbs in the Constitution of the Republic of Ecuador. as is the repair without further delay; therefore, the proposal is aimed at including a reform in the Ecuadorian criminal legislation that guarantees that the victim ends her ordeal in seeking to seek redress through the civil courts.
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    El delito de usura y su impunidad por falta de prueba en la legislación nacional
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Guerra Freire, Graciela del Pilar; Benavides Benalcázar, Merck Milko
    As observed in the Ecuadorian social reality, the crime of usury is one of those that are committed on a frequent basis, this due to various factors, mainly economic, since people, unable to have all the requirements required by institutions In order to grant a loan in a formal manner, they come before usurers who grant them the amount required at a rate higher than that allowed by the State. In order to guarantee the payment of the same, the usurers request that any type of guarantees be delivered, whether real or commercial documents such as checks, bills of exchange, promissory notes, among others. Once the credit has been granted to the victim and the guarantees granted in favor of the usurer, the latter resort to unlawful practices such as blackmail, extortion and intimidation so that the debts are canceled, many of which are impossible to pay due to the high interests; there are even cases in which, despite the cancellation of the debt, the guarantees are executed with the purpose that the usurer has a greater economic benefit, which harms the victims not only economically, but also their rights are violated rights to physical and psychological integrity of themselves and their families, economic stability and the right to work. These negative consequences increase in Ecuador, due to the fact that currently the criminal type of usury established in the Comprehensive Organic Criminal Code is difficult to prove; and therefore, it is not possible to prosecute and punish those responsible in an effective manner, so that there is impunity for the victims. For this reason, it is considered essential to conduct a doctrinal, legal and jurisprudential study of the crime of usury in Ecuadorian legislation, emphasizing the evidentiary efficacy required to effectively sanction its commitment.