El autocultivo de cannabis sin fines comerciales como conducta permitida por la legislación penal Ecuatoriana y el principio de legalidad

This research includes analysis regarding the conduct of self-cultivation of cannabis without commercial purposes. On this, it deals with criminal law. Even though it does not constitute an express crime according to the substantive criminal norm; it leaves on whether permissibility of the law towar...

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Bibliographic Details
Main Author: Junior Bolívar, Ati Cutiupala (author)
Format: bachelorThesis
Language:spa
Published: 2021
Subjects:
Online Access:http://dspace.unach.edu.ec/handle/51000/7337
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Summary:This research includes analysis regarding the conduct of self-cultivation of cannabis without commercial purposes. On this, it deals with criminal law. Even though it does not constitute an express crime according to the substantive criminal norm; it leaves on whether permissibility of the law towards the individual, all this in strict adherence to the principle of constant legality in the Constitution of the Republic of Ecuador and the Comprehensive Organic Criminal Code, which is why the investigation is structured as follows: We begin with the Introduction, its problem, and its justification proposed by the researcher. Focused on how the principle of legality is obviated concerning the conduct of selfcultivation of cannabis without commercial purposes when it does not constitute a criminal offense as well. The general objective and the specific objectives and the State of the Art represent the previous investigations that present the previous studies related to the subject. Then, there is the theoretical framework, in which there are several analyzed issues. Among the most important are: the Self-cultivation of Cannabis, its consumption in Ecuador, criminally relevant conduct. After that, the Principle of legality carries out an exhaustive analysis, and how the planting and cultivation of cannabis in Ecuadorian criminal law is listed as a criminal type; after this, the Permissibility of the rule, when the self-cultivation of cannabis is permitted by criminal law, to give way to an analysis of a real case on the selfcultivation of cannabis that, without constituting a crime, has been treated as such. On the other hand, the methodological framework, in which the methods have been used in the research to fulfill the proposed objectives, the field research, survey technique, and the conclusions and recommendations are finally made.