La ausencia de la no tipificación de la clonación de vehículos como delito en la Legislación Ecuatoriana.
The purpose of this research work is to be able to legally verify the absence of the non-classification of vehicle cloning as a criminal offense within the catalog of crimes of the Comprehensive Organic Criminal Code (COIP), given that the regulations have currently been adapted according to the new...
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| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado: |
2023
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| Subjects: | |
| Acceso en liña: | https://dspace.ueb.edu.ec/handle/123456789/5166 |
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| Summary: | The purpose of this research work is to be able to legally verify the absence of the non-classification of vehicle cloning as a criminal offense within the catalog of crimes of the Comprehensive Organic Criminal Code (COIP), given that the regulations have currently been adapted according to the new modalities of criminal conduct that injure or endanger protected legal assets. Indeed, crime related to vehicles refers to the theft of automobiles; and, so that later these can circulate, a cloning with another automotive is perfected and in this way move freely as if they are legal, which obviously these activities directly affect private property, the economy and citizen security of a state. Referring to new forms of criminality, is nothing more than verifying the development and modernization of actions or omissions considered criminal, which, using the advancement of science, technology, the opening of clandestine vehicle markets, are of fundamental characteristics that allow them their autonomy and full differentiation of each criminal type in comparison with the crimes of the so-called Classical or Nuclear Criminal Law. The lack of classification of this type of criminal behavior can generate impunity, and even legal uncertainty because all criminal conduct must be classified in criminal law, and this must be in harmony with the principle of strict legality and strictness of modern constitutional states, something that currently is not taken care of; since the cases related to the cloning of vehicles have come to be prosecuted for crimes such as fraud and illicit association, these autonomous crimes with their own normative and constitutive elements of each criminal type. The focus of this research project is qualitative since it seeks to generate a proposal based on the development of criminal policy; and the need to criminalize the 5 cloning of vehicles with documentary data, as well as statistics provided by the institutions that make up the administration of justice in Ecuador. With the results obtained through research techniques, as well as data collection, they will provide a better development of the proposal that will be implemented in the development of this research, given the legal and social importance of its incorporation into criminal law. the crime of cloning vehicles in harmony with the principles of legality, taxation; and, criminal proportionality and even legislative technique due to its reserve of law in criminal matters. |
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