La incidencia de la resolución No. 02-2019 expedida el 6 de febrero del 2019 por el Pleno de la Corte Nacional de Justicia en el Debido Proceso Penal Ecuatoriano

On February 6, 2019, Resolution No. 2-2019 was issued by the National Court of Justice and set a new jurisprudential precedent and decided to resolve mainly the following: “In cases related to cataloged substances subject to control, and whose criminal conduct is carried out by means of one or more...

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Furkejuvvon:
Bibliográfalaš dieđut
Váldodahkki: Ortega González, Juan Ignacio (author)
Materiálatiipa: bachelorThesis
Giella:spa
Almmustuhtton: 2019
Fáttát:
Liŋkkat:http://repositorio.ulvr.edu.ec/handle/44000/3489
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Govvádus
Čoahkkáigeassu:On February 6, 2019, Resolution No. 2-2019 was issued by the National Court of Justice and set a new jurisprudential precedent and decided to resolve mainly the following: “In cases related to cataloged substances subject to control, and whose criminal conduct is carried out by means of one or more constant guiding verbs in article 220 of the Comprehensive Organic Criminal Code, attributable to the same person in unit of time and action, the ideal contest of crimes must be applied, for which it will be punished only the most severely sanctioned conduct in the criminal type, according to the absorption principle that governs this bankruptcy model ”(Alvarez, 2007, p. 4). That is to say, it leaves without effect the obligatory jurisprudential precedent declared by the Plenary of the National Court of Justice, by means of Resolution 12-2015, issued on September 17, 2015 and published in the Supplement of the Official Registry No. 593 of September 22, 2015, which established: “In the case of the typical descriptions contained in the Organic Integral Criminal Code, article 220.1, the person who with an act incurs one or more guiding verbs, with narcotic, psychotropic or prepared substances containing them, different and in equal or different amounts, it will be punished with imprisonment accumulated according to the psychotropic or narcotic substance, or preparation containing it, and its quantity; penalty, which shall not exceed the maximum established in article 55 of the Organic Comprehensive Criminal Code……..