La calumnia y la denuncia maliciosa frente al bien jurídico tutelado y su juzgamiento en el Código Orgánico Integral Penal, año 2022.
The present research work focuses on dogmatically analyzing the criminal types, both slander and malicious denunciation, with the purpose of evidencing the substantive difference of these with respect to the protected legal right, concomitantly determining, if in the Code Organic Comprehensive Crimi...
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| Format: | bachelorThesis |
| Sprog: | spa |
| Udgivet: |
2023
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| Fag: | |
| Online adgang: | https://dspace.ueb.edu.ec/handle/123456789/5087 |
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Tilføj Tag | Summary: | The present research work focuses on dogmatically analyzing the criminal types, both slander and malicious denunciation, with the purpose of evidencing the substantive difference of these with respect to the protected legal right, concomitantly determining, if in the Code Organic Comprehensive Criminal, there is a substantive and procedural structure, which guarantees the effective application of the rights of people, reacted with honor and good name and that under the sovereign premise the constitutional State of rights and justice is fulfilled. It being understood that, in the crime of slander, insofar as the action to prosecute it is exclusive to the victim, since it is a crime of the private exercise of the action, contrary to the crime related to the malicious denunciation and that the ownership of the action is held by the Prosecutor, on the other hand, both in the slander and the malicious complaint that procedurally would be applicable for the false imputation of a crime, with respect to the element of an objective type, that is, the legal right protected criminally, such as the honor and good name of the people , only the crime of slander punishes conduct that violates the right to honor and good name of people, contrary to the crime related to malicious denunciation that punishes conduct that undermines effective judicial protection. To determine the aforementioned, I will apply a legal-critical analysis of the most relevant aspects of criminal dogmatics, as a method and substructure that underlies the comprehensive study of positive criminal law, through a type of research that is exploratory due to its importance, with a qualitative point of view, applying an empirical method of documentary analysis through texts, digital bibliography on platforms and web pages specialized in information. Finally, the results that are intended to be achieved, is to clearly establish the difference between these crimes, with respect to the protected legal right; and, whether or not there is a clearly 15 established procedural system to punish the crimes of slander and malicious denunciation, and even regarding their procedural budgets to initiate the action. |
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