La interpretación y sus efectos en la aplicación de tipo penal del fraude procesal en materia de familia

The thesis analyzed the interpretation of criminal laws in Ecuador, focusing specifically on the crime of procedural fraud and its application in family matters. The various applicable types of interpretation were carefully examined, as well as the objective and subjective typicality of procedural fraud, family proceedings, and a relevant jurisprudential case on this crime in a child support proceeding. The objectives set are to thoroughly understand the methods of interpretation in criminal matters; to doctrinally study objective typicity, referring to the adequacy of the conduct to the criminal type, and subjective typicity, related to the author's intent; to identify the different types of processes in family matters and differentiate them from civil processes; and to determine the impact of criminal interpretation on the application of the criminal type of procedural fraud in family processes. The methodology employed includes an exhaustive doctrinal and normative review, analyzing the positions of various authors and pertinent legal provisions, such as the Organic Comprehensive Criminal Code -hereinafter [COIP]- and the Code of Childhood and Adolescence -hereinafter [CONA]-Additionally, an in-depth jurisprudential analysis of a specific case involving alleged procedural fraud in a child support litigation is conducted. The main result of the analysis highlights that, according to the COIP, interpretation in criminal matters must be strict and literal, respecting the explicit meaning of the norm. Consequently, the crime of procedural fraud, being typified for civil, administrative, and criminal procedures, would not be applicable when this crime is committed in other areas such as family matters. Therefore, it is important to know whether the strict and literal interpretation of criminal norms, as required by Ecuadorian legislation, limits the application of the criminal type of procedural fraud to the expressly mentioned civil, administrative, and criminal procedures, excluding its extension to family and other processes, which are governed by special norms. This restrictive interpretation aims to guarantee legal certainty and avoid harmful analogies in criminal matters, safeguarding the fundamental rights of those involved. Keywords: Interpretation, Criminal law, Civil Law, Administrative Law.

• Главный автор: Villegas Paredes, Alanis Antonella (author)
• Формат: bachelorThesis
• Язык: spa
• Опубликовано: 2024
• Предметы: Interpretación; Derecho Civil; Derecho Administrativo; Derecho Penal
• Online-ссылка: http://dspace.unach.edu.ec/handle/51000/13824