El principio de mínima intervención penal y su contraposición en la tipificación de las contravenciones de primera clase de tránsito.
The purpose of this academic essay is to analyze the contradiction between the typification of first-class traffic contraventions established in the article 386 of the Integrated Criminal Code and what presupposes the principle of minimum intervention, which is the fundamental axis within the Crimin...
Saved in:
| 主要作者: | |
|---|---|
| 格式: | bachelorThesis |
| 语言: | spa |
| 出版: |
2017
|
| 主题: | |
| 在线阅读: | http://dspace.udla.edu.ec/handle/33000/7952 |
| 标签: |
添加标签
没有标签, 成为第一个标记此记录!
|
添加标签 | 总结: | The purpose of this academic essay is to analyze the contradiction between the typification of first-class traffic contraventions established in the article 386 of the Integrated Criminal Code and what presupposes the principle of minimum intervention, which is the fundamental axis within the Criminal Law, to limit the excessive exercise of punitive power of the State, in relation to the behaviors that it selects to criminally prosecute. In order to arrive at the analysis of this contraposition, it is developed in depth what is presupposed in the Article 3 of the Integrated Criminal Code, which establishes what is the principle of minimum intervention and the constituent elements of it, in order to put a limit to the excessive exercise of the punitive power that has the State in the selection of the behaviors that integrate the catalog of crimes. In the same way, all the doctrinal principles that govern the Criminal Law are taken into account and analyzed so that it can fulfill its purpose that is to limit the ius puniendi and thus not allow the citizens to develop in an environment of uncertainty and repression, having an authoritarian and irrational legal-penal system. This work contains three chapters, developed as follows: Chapter I, develops the principle of minimal criminal intervention, in its concept and legal nature, characters of the principle and functional limitation of the principle through axioms that pursue the limitation of the punitive power of the State; Chapter II deals with the typification of first-class traffic contraventions, in terms of their concept and legal nature, which are the first-class traffic contraventions and how they are typified in the criminal type of article 386; And, finally, Chapter III, in which the contraposition that exists between the typification of such contraventions and the principles of minimum criminal intervention, about to the infringement of principles of the criminal guaranty, the existence of extrapenal mechanisms and the penalty as Inadequate sanction for contravention. |
|---|