El principio de favorabilidad respecto al delito de ataque y resistencia.

The objective of this legal research leads to analyze the need for the applicability of the principle of favorability in relation to the crime of assault and resistance as defined and sanctioned in the Article 283 of the COIP, and its impact in the protection of the rights of the defendant. Since the qualitative perspective, through a thorough literature review of the subject matter and from the quantitative approach through surveys and interviews with practicing lawyers and multi-competent judges that live in San Miguel de Bolívar Canton within the framework of justice administration. The results showed that the principle of favorability; although it is a minimal guarantee of the due process and it is recognized by the Constitution and the Criminal Law, has not been fully utilized, especially in the interpretation of a criminal type that is most favorable to the offender. In conclusion, the importance of the principle of favorability is determined which must include other substantial and procedural legal institutions, particularly regarding the criminal type of attack and resistance against members of the Public Force. It is recommended to establish a strategy of legal defense that goes beyond the quantum of the penalty and strengthens this principle by promoting its study in relation to the interpretation of the criminal type most favorable criminal charge for the defendant.

• 主要作者: Gaibor Vásquez, Rómulo David (author)
• 格式: bachelorThesis
• 语言: spa
• 出版: 2025
• 主题: PRINCIPIO; FAVORABILIDAD; ATAQUE Y RESISTENCIA; TIPO PENAL MÁS FAVORABLE
• 在线阅读: https://dspace.uniandes.edu.ec/handle/123456789/18933