La no prescripción de la acción y de las penas en los delitos de peculado, cohecho, concusión y enriquecimiento ilícito en la legislación ecuatoriana, vulnera el derecho garantista en que se basa nuestra Carta Magna

In Ecuador, the specific issue of crimes against the administration Public has always been a matter of intense debate, especially the Embezzlement, depending on governments, has been analyzed differently. However, the important issue is how to configure and sanction and analyze the different shape and almost sui generis of our legislation, compared to other analogous to Ecuador, specifically in the crime of embezzlement. This is given by the different political situations that have become the Over the years in Ecuador. Arguably, without a doubt, that the issue of crimes against public administration in general, and embezzlement, in particular, it has become a political issue than a legal, since using a ancient and harmful formula, it has handled demagogic way and for the different social, institutional crises political, legal and who has lived Ecuador, creating legal myths sanctioning this crime in an almost absurd only compared with crimes against humanity in the way of sanction, which is He explained later in this paper. It is public knowledge, both in Ecuador and in almost all countries Latin Americans who posts in the Civil Service are extremely sought, either by poor control of the money from the national treasury, either by social and economic position that grant, or simply by a need to political notoriety. The truth is that these charges have become true simple catapults to strangers, and in many cases, people without moral or academic 7 ability hold the position and overnight is become big business, including start a political career. We believe it is necessary to point out as an important point, that corruption, plays a leading role in this offense and can be achieved by this route pursue political purposes, creating crime figures at your convenience. This offense, by its definition, after the reform made him the most the execrable crime that can be committed in Ecuador; turn created anew Code of Criminal Procedure, which in our view guarantees that the powerful do not fall into this Ecuadorian legal invention, called Embezzlement Banking, and worse, that the Judicial Function of Ecuador, very rundown, has become the best accessory for these sad characters. That is why if you take the time to review the prison population Ecuador, which lives anxious moments, you will find that even though the vast majority meets convictions for crimes against property, are criminals so-called "common" but not in such "Rehabilitation Centers Social "famous" White Collar Criminals ". So demonstrates a treatise Ecuador, Dr. Edmundo Duran Diaz: "The prisons are full of criminals property, but "street" criminals, who finally are risking their physical integrity; but the other offender property, the white-collar criminal, who makes a fortune based on bribery, bribery, embezzlement, illicit enrichment, that is never in jail, or becomes, in rare cases received a conviction; and steal much more money the white collar criminals if we measure things by the results, we give that justice is not working properly, and not on the grounds of the people, nor vice laws, but because it corresponds to a conception of classes. 8 All these opinions and thoughts expressed by way of abstract, are the guidelines that will lead us to understand the real reasons, but not fictional, why a country like Ecuador, where its Constitution in Title I speaking of Fundamental Principles, in its first article, which proclaims that transcribe: "The Ecuador is a constitutional State of rights and justice, social, democratic, sovereign, independent, unitary, intercultural, plurinational and secular. It is organized as a republic and is governed in a decentralized manner

• Huvudupphovsman: Guerrero Luzuriaga, Janet del Cisne (author)
• Materialtyp: bachelorThesis
• Språk: spa
• Publicerad: 2016
• Ämnen: CONDUCTA HUMANA; ANTIJURICIDAD; FINALIDAD DE LA PENA; PRESCRIPCIÓN
• Länkar: http://dspace.unl.edu.ec/jspui/handle/123456789/9107