La suspensión condicional de la pena, en segunda instancia, como garantía del principio de mínima intervención penal.
The research project entitled: "The conditional suspension of the sentence, in the second instance, as a guarantee of the principle of minimum criminal intervention"; proposes a peripheral perspective referring to the determination of the scope and extension of the legal figure of the Cond...
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| Hovedforfatter: | |
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| Format: | bachelorThesis |
| Sprog: | spa |
| Udgivet: |
2023
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| Fag: | |
| Online adgang: | http://dspace.unach.edu.ec/handle/51000/11347 |
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Tilføj Tag | Summary: | The research project entitled: "The conditional suspension of the sentence, in the second instance, as a guarantee of the principle of minimum criminal intervention"; proposes a peripheral perspective referring to the determination of the scope and extension of the legal figure of the Conditional Suspension of the Penalty contemplated by the Comprehensive Criminal Organic Code in its article 630 and the relationship that this institution of criminal law has with the principle of minimum illegal intervention, the link between the two from a guaranteed approach to criminal law. Therefore, the researcher proposed a legal analysis, applying the different sources of public law, among which a doctrinal, legal, and jurisprudential study is used to carry out an objective development linked directly and proportionally to the conditional suspension of punishment with the principle of minimum penal intervention. The tacit inadmissibility of limiting the exercise of this penal institution in second is contrary to the principle of minimum correctional intervention, in which the IUS PUNIENDI of the State must be limited to sanctioning the infractions of the law, and in specific instances that cannot become an alternative to criminal proceedings that end with a conviction, and thus neither material reparation to the victim nor the rehabilitation and subsequent reinsertion of the offender is guaranteed. A scenario is proposed in which a project of legal reform proposals is presented to the content of article 630 of the Comprehensive Organic Criminal Code, with the objective that the legislator considers it prudent and suitable to expand the scope of application of the conditional suspension of the penalty that, to date, is limited to the first instance, so that it can be requested, assessed and approved by the judge in the second instance, where the competent judicial authority for its assessment will be the judges of the Provincial Criminal Court of the respective provinces. |
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