Violación al debido proceso, al no aplicarse el principio de proporcionalidad entre el delito y la pena en el artículo 265 del código orgánico integral penal

In the present study, I inquired about the present topic: VIOLATION OF DUE PROCESS, BY NOT APPLYING THE PRINCIPLE OF PROPORTIONALITY BETWEEN CRIME AND PENALTY IN ARTICLE 265 OF THE ORGANIC COMPREHENSIVE CODE. Guiding the investigation under the objectives: Analyze whether the application of the penalty established in Article 265 of the Comprehensive Criminal Code is proportional to the offense described, in order not to violate due process and propose a legislative reform to article 265 of the COIP so that, provide a table of amounts of illegally traded fuel, to be taken into account to adapt the custodial sentence to be imposed, thus ensuring proportionality between the damage caused with the crime and the sanction imposed, with this purpose it is intended to determine the possible solutions that can be given to the problems posed in the present. In order to achieve the objectives proposed in this study, the study methods were used: qualitative, quantitative, analytical, field, using data collection techniques such as surveys and interviews, which were addressed to lawyers in Free exercise in the city of Guayaquil, were also part of the population in studies Judges, prosecutors and public defenders who were asked about the sanctions in hydrocarbons offenses specified throughout this study……

• Hlavní autor: Gutiérrez Pilay, Darwin Jonás (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2018
• Témata: Violación; Delito; Pena; Debido proceso
• On-line přístup: http://repositorio.ulvr.edu.ec/handle/44000/2608