“La Indemnización como mecanismo de los derechos de reparacion integral y su incidencia en las victimas de delitos sexuales, en las sentencias dictadas por el Tribunal de garantías penales con sede en el cantón Riobamba - periodo 2014 - 2015”.

Compensation as a means of reparation rights in our legal environment is an effective means of ensuring the right of compensation to the victim who is immersed in a state of vulnerability, this work was done driving the need to identify the true applicability of the compensation mechanism with compr...

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Hlavní autor: honatan Fernando, Pino Jarrin J (author)
Médium: bachelorThesis
Jazyk:spa
Vydáno: 2016
On-line přístup:http://dspace.unach.edu.ec/handle/51000/3204
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Shrnutí:Compensation as a means of reparation rights in our legal environment is an effective means of ensuring the right of compensation to the victim who is immersed in a state of vulnerability, this work was done driving the need to identify the true applicability of the compensation mechanism with comprehensive repair, thinking achieve social impact and a qualitative shift in the administration of justice in our country. For its implementation mechanisms such as library research that allowed theoretical grounding issues relevant events that have originated and evolved this legal institution was used; one of the main causes, and guidelines developed in this work is to determine the reality of the victim as an essential axis of reparation, which implies that a victim for his/her condition is "repaired" and not isolated criminal proceedings; and an analysis of the consequences that the study of the mechanisms of reparation has rights in the social and legal field. In the first unit the orders declaring the guilt of the accused within our criminal justice system, legislation and interpretation of the applicability of the reparation in other Latin American countries as well as sexual crimes in our legislation is analyzed in second unit compensation mechanism details how the rights of reparation, mechanisms and the importance of reparation and the reparation principle and the general principles of restorative justice, in the third unit, referred to victims, sexual offenses, the victim has rights and the consequences for it and the impact of compensation as a mechanism for the rights of reparation in the judgments of the Court of Criminal Guarantees based in the canton Riobamba, on the other side analyze gender and violence. This work is designed to support future lawyer, judge or prosecutor, developed at the base of the descriptive research because it supports reach and provide detailed references to a legalist interpretation also it gives the certainty to build on existing conditions, such as prevailing practice in the management of existing laws and the amendment of the law inquired within the Code of Criminal Integral to obtain considerations and learn behaviors that remain face this instrument. This proposal has the choice to know about the status of implementation of the current legal regime, and to draw meaningful conclusions that hill specify a useful picture of suggestions aimed at the proper function of the Ecuadorian legislation.