Derecho

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893

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    Estándar de convicción de la duda razonable: análisis comparativo del acoso y abuso sexual
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Vásconez Pilco, Dario Josué; León Trujillo, Edisson Santiago
    This research focuses on the application of the reasonable doubt standard of conviction in the Ecuadorian criminal justice system, with a specific focus on the crimes of sexual abuse and harassment. The importance of this study lies in the need to ensure the proper administration of justice, protecting the rights of defendants and victims through the correct application of the principles of presumption of innocence and in dubio pro reo. The main objective of the research is to identify and analyse how reasonable doubt is applied in the evaluation of evidence and judicial decision-making. To achieve this objective, a detailed analysis of the conceptual and doctrinal framework underpinning reasonable doubt was carried out, complemented by an examination of Ecuadorian criminal law. The methodology used in this study was qualitative, allowing for an in-depth exploration of the human phenomena associated with sexual offences. Research techniques such as interviewing legal experts, including judges, prosecutors and lawyers, were employed, allowing for a detailed and informed insight into the application of reasonable doubt in the judicial context. In addition, a dogmatic approach was used to analyse the criminal offences of sexual harassment and sexual abuse, considering both the objective and subjective criminality of these offences. The results of the research highlight that sexual harassment is characterised by acts of a sexual nature without physical contact, but derived from a situation of subordination of the victim. In contrast, sexual abuse involves physical contact without consent. These findings underline the need for a proper interpretation of criminal law to avoid impunity and ensure fair sanctions. Relevant findings indicate that the correct application of reasonable doubt is essential for the protection of the rights of the accused, and that justice administrators must be trained in areas relevant to criminal conduct in order to properly assess evidence. The research also highlights the importance of ongoing training in the justice system to inform judicial decisions with sound legal motivation and based on comprehensive and relevant evidentiary reasoning
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    La valoración del testimonio de los menores abusados sexualmente y la revictimización
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Azogue Martinez, Walter Hugo; Sánchez Villalva, Cecilia Monserratte
    The present socio-legal problem of "VALUING THE TESTIMONY OF SEXUALLY ABUSED MINORS AND REVICTIMIZATION" is important and transcendental, is based mainly on the need to assist the administration of justice, so that it is applied without much delay and safeguarding the integrity physical and psychological abuse of sexually abused minors, within the investigation of the process in such a way, the rights will be protected and integrated protection will be provided to the victim. The theoretical and field work of this thesis allowed me to obtain criteria, with clear and precise foundations, of well-known bibliography, which contributed to the verification of objectives, and contrasting the hypotheses raised, allowing to support the proposed changes within my work investigative The content of the thesis is an intellectual effort of the author in the scientific and methodological area, which theoretically and empirically addresses the integral protection to the victim avoiding his Revictimacion, which is injured by the offender when sexually abusing the victim leaving sequels in his emotional development that must be treated immediately and truthfully and effectively, as a first step will proceed to assess the testimony of the child sexually abused. Finally I consider that the anticipated testimony is a means of proof accepted in the Ecuadorian Legislation; However, it is considered that it should be applied more effectively and for certain cases in a mandatory manner, it is one of the ways to prevent victimization of victims, especially in the case of minors who have been sexually abused. this being considered of great importance and necessity that this obligatoriedad be established in the Integral Criminal Organic Code in such a way that it contributes to diminish revictimización.