Improcedencia del numeral 2 del artículo 301 del código orgánico integral penal, por no cumplir con las finalidades sancionadoras.
The term contravention is a term of the scope of the law that is used to designate those acts that go against the laws or what is legally established and that therefore can represent a danger both for those who carry it out and for others. Normally, the idea of contravention applies to situations of...
Uloženo v:
| Hlavní autor: | |
|---|---|
| Médium: | bachelorThesis |
| Jazyk: | spa |
| Vydáno: |
2018
|
| Témata: | |
| On-line přístup: | http://dspace.unl.edu.ec/jspui/handle/123456789/20468 |
| Tagy: |
Přidat tag
Žádné tagy, Buďte první, kdo vytvoří štítek k tomuto záznamu!
|
Přidat tag | Shrnutí: | The term contravention is a term of the scope of the law that is used to designate those acts that go against the laws or what is legally established and that therefore can represent a danger both for those who carry it out and for others. Normally, the idea of contravention applies to situations of disrespect. The current criminal legislation in Ecuador has evolved with respect to what is meant by several of the procedural and constitutional principles within which I consider that one of the most relevant is the integral reparation of the damage caused to the victim. Thus, Article 301.- Contraband.- The person who, in order to evade customs control and surveillance over merchandise whose amount is equal to or greater than ten unified basic salaries of the worker in general, carries out one or more of the following acts, shall be sanctioned with imprisonment of three to five years, a fine of up to three times the customs value of the merchandise subject to the offense, when: Enter or clandestinely extract goods from the customs territory. Mobilize foreign merchandise within the secondary zone without the document proving the legal possession of the same, as long as the legal origin of said merchandise can not be justified within seventy-two hours after the discovery. Load or unload unmanned merchandise from a means of transport, provided it is carried out without the control of the competent authorities. Internal to the national territory goods of a Special Zone of Economic Development or subject to a special regime, without the fulfillment of the requirements established in the corresponding legislation. Landing, unloading or launching, on land, sea or other means of transport, foreign merchandise before submitting to customs control, except in cases of forced arrival. Hide any foreign goods in ships, aircraft, transport vehicles or cargo units, without having been subject to the control of the customs authorities. Violate or remove seals, padlocks or other securities placed on the means of transport, cargo units, premises or premises enabled as temporary deposits, provided that total or partial missing goods are determined. Remove merchandise that is in primary zone or temporary deposit, without having obtained the release of the same. Those responsible for temporary deposits and the port and airport authorities or their concessionaires will be liable if they allow this crime by action or omission. After analyzing the current regulations it is considered that the legislation in these cases does not establish minimum standards for the criminal type to be configured, so that being a crime of public action in all cases entails that it is processed through the procedure ordinary and all its stages. The problem is evidenced by establishing a period of 72 hours, taking into consideration that it is a flagrant crime and must be taken as such and not give this guarantee to the violator. So the present research work is aimed at determining what was previously narrated as a latent legal problem at present and gives as a solution to it a legal reform proposal in order to establish an immediate prison for the prosecution of the action. It is convenient to create a regulation that allows one way or another to lighten the process within the complaints by stages, and better sanctions. |
|---|