El testimonio anticipado como medio de prueba en los delitos de violación sexual a menores de edad y la garantía de prohibición de no revictimización.
In the present investigation, a legal and doctrinal analysis was carried out regarding the anticipated testimony given by minors in the crimes of rape against the guarantee of prohibition of revictimization to the victim; The Constitution of the Republic of Ecuador establishes the necessary guidelin...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2024
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| Subjects: | |
| Online Access: | https://dspace.ueb.edu.ec/handle/123456789/6708 |
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Add Tag | Summary: | In the present investigation, a legal and doctrinal analysis was carried out regarding the anticipated testimony given by minors in the crimes of rape against the guarantee of prohibition of revictimization to the victim; The Constitution of the Republic of Ecuador establishes the necessary guidelines to ensure adequate treatment for victims of sexual violence and especially when it comes to girls, boys and adolescents, in this sense the principle of the best interest of the child is applied directly. is characterized by guaranteeing the full exercise of the rights of children and avoiding any type of violation of their rights, the investigation addressed one of the most important issues, how is the figure of the anticipated testimony against the guarantee of special protection of the prohibition revictimization of minors who are victims of a crime of rape. The study was developed under a mixed approach in which the legal method with which the constitutional and criminal regulations are analyzed is used, an inductive method which allowed reasoning to reach general conclusions, a deductive method that allowed evaluating the subject investigated by analyzing it. from the general to the particular and the descriptive method that allows a numerical expression of the investigation to be carried out, as a result of the investigation it is determined that the anticipated testimony from the legal system is consolidated as one of the most effective means to avoid produce this re-victimization in the victim, however in procedural practice this procedure still has certain shortcomings that lead to victimization. Keywords: Guarantee of non-revictimization, Minors, Anticipated testimony, Evidence, Rape. |
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