La prescripción de la acción penal en infracciones sexuales a NNA desde la justicia juvenil y ordinaria
ABSTRACT: This work focuses on "the prescription of criminal action in sexual offenses against boys, girls and adolescents from juvenile and ordinary justice", carried out through a legal, doctrinal and jurisprudential study, with the purpose of determining the application of international...
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| Format: | bachelorThesis |
| Sprog: | spa |
| Udgivet: |
2024
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| Online adgang: | http://dspace.unach.edu.ec/handle/51000/13426 |
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Tilføj Tag | Summary: | ABSTRACT: This work focuses on "the prescription of criminal action in sexual offenses against boys, girls and adolescents from juvenile and ordinary justice", carried out through a legal, doctrinal and jurisprudential study, with the purpose of determining the application of international standards regarding the protection of human rights, with special attention to the differential treatment approach, which does not contradict the principle of legal equality, and rather protects the rights of adolescent offenders and the best interests of the child , taking as reference the jurisprudence issued by the Inter-American Court of Human Rights, and the Constitutional Court of Ecuador. Study through which it was possible to determine the existence of two types of criminal justice regimes, on the one hand the ordinary one from which the figure of the prescription of the exercise of public criminal action and punishment is inadmissible when there are crimes of a sexual violence whose victims are children and adolescents. And on the other hand, juvenile justice, which according to the Inter-American Court of Human Rights, deserves differentiated treatment and protection, in the same sense the Constitutional Court of Ecuador has ruled in an analogous manner with the aim that the Ecuadorian State complies with its international obligations. This research maintains a basic bibliographic and descriptive documentary type approach, with a non-experimental design, taking into consideration the nature of the Social Sciences and law as a qualitative science, conducting a survey directed at 15 experienced professionals and specialists in Criminal, Constitutional and Legal Law. |
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