La motivación expresada por el Juzgador para declarar las denuncias o acusación particular de maliciosas o temerarias en las sentencias absolutorias

The Office of the Attorney General of the State, as the holder of the public criminal action, is the one authorized to investigate complaints in which an alleged infraction is imputed, for which reason, they carry out their work with the purpose of discovering the elements of conviction as well as charge (alleged victim) and discharge (alleged offender) to help corroborate two main aspects: the materiality of the infraction and responsibility of the alleged offender. Therefore, when they have these elements, they must present them to the justice operators, who as jurisdictional authorities have the obligation to verify the truth or falsity of this imputation, and fail to sanction the facts invoked in the complaint or private accusation must obligatorily express their discernment about the malice and recklessness thereof in accordance with the provisions of the Organic Comprehensive Criminal Code in accordance with resolution No. 05-2012 and resolution n / n dated February 3, 2012 issued by the National Court of Justice. This is why it is important that judgments declaring malice or recklessness be of particular accusation or accusation must be motivated, so that the argumentation, logic and sound criticism that the justice operators applied in these two are made known. legal figures and be able to understand the reason for their judicial decisions.

• Главный автор: Shiguango Reyes, Alex Jonathan (author)
• Формат: bachelorThesis
• Язык: spa
• Опубликовано: 2019
• Предметы: MALICIA; TEMERIDAD; MOTIVACIÓN; NORMATIVA
• Online-ссылка: http://dspace.unach.edu.ec/handle/51000/5682