La vulneración de garantías constitucionales en la sustanciación de procesos por asociación ilícita en la Legislación Penal Ecuatoriana.

Throughout history there have been criminal organizations that have committed crimes of conspiracy, making in all criminal laws there this figure, the same as violating public order, from the time of its preparation, training and implementation, in our country this figure is criminalized in Article...

Deskribapen osoa

Gorde:
Xehetasun bibliografikoak
Egile nagusia: Martínez Benítez, Gilda Victoria (author)
Formatua: bachelorThesis
Hizkuntza:spa
Argitaratua: 2014
Gaiak:
Sarrera elektronikoa:http://dspace.udla.edu.ec/handle/33000/4601
Etiketak: Etiketa erantsi
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Deskribapena
Gaia:Throughout history there have been criminal organizations that have committed crimes of conspiracy, making in all criminal laws there this figure, the same as violating public order, from the time of its preparation, training and implementation, in our country this figure is criminalized in Article 370 of the Integral Penal Code, with imprisonment of liberty three to five years; taking into account the implementation of criminal acts, the penalty can become five years. • For the existence of this offense abstract, autonomous and preparatory act, its elements are must involve two or more people, there must be the will, organization, retention, and to commit unlawful acts. In other laws vary in relation with of its members. Currently in our state uses the offense of conspiracy as a system of penal exception, is say like as a preventive mechanism, it purpose is dismantling criminal gangs, groups, and mafias, but also remember for destroy these criminal groups can not violate rights There have been cases where violate rights, principles. due process, public safety included in Arts. 75 and 82 of the Constitution of the Republic and the • determination of the causes, for example constitute a criminal offense person, by the only fact of having committed crimes before or they have been linking to forties of kinship, seeking people who have a criminal record or who commit crimes; the realization of the investigations, incorrect value of the evidence of the prosecution and the lack of motivation of judgments in cases quickly, and proportionality in sentencing, has led in many cases to convict innocent.