La cooperación eficaz en la investigación fiscal como herramienta determinante para desarticular la delincuencia organizada en el ecuador
Effective Cooperation as a determining tool to disarticulate Organized Crime in Ecuador, as a research topic of this degree work, frames several guidelines of the foundation since it begins with the exploration of the remote Premial Criminal Law as it was one of the first techniques that sought to m...
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| Médium: | bachelorThesis |
| Jazyk: | spa |
| Vydáno: |
2022
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| Témata: | |
| On-line přístup: | https://dspace.unl.edu.ec/jspui/handle/123456789/25444 |
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Přidat tag | Shrnutí: | Effective Cooperation as a determining tool to disarticulate Organized Crime in Ecuador, as a research topic of this degree work, frames several guidelines of the foundation since it begins with the exploration of the remote Premial Criminal Law as it was one of the first techniques that sought to minimize the penalty of the incriminated, that is why the Effective Cooperation is perfectly installed in its conception, being a special instrument that serves as a mitigating and legal tool of criminal policy, effective to achieve a minimum sentence and achieve the prevention of crimes. Throughout this research I will address and develop topics related to the content of the thesis, which will allow discovering the social reality of the criminal organization, in the investigation of the figure of effective cooperation as a form of special investigation in criminal issues, considering that it is radically a way to disarticulate organized crime through the information obtained. This research also includes historical reviews, doctrine, definitions, characteristics, and comparative law, which will form the structure of the theoretical framework, mark the central route of study, and understand the indications involved in the proposed topic of study. Without leaving aside the analysis of our Constitution, as a form of constitutional mandate and to be able to reflect under which guarantees and fundamental rights the thesis topic is based and how it is related to the figure of effective cooperation belonging to the Ecuadorian Organic Integral Criminal Code, considered as an investigation technique, the same direction that corresponds to the State Prosecutor's Office to give a sufficient appreciation of its lawful concurrence and qualify the process as legal and effective. Without leaving aside the international normative resources granted by the Law, whose value is very high in the present 5 investigation for its referential contribution such as the Palermo Convention on transactional organized crime. I conclude with the proposal of a legal reform proposal according to the current social reality, based on reasons and foundations extracted from the legal study, concerning the constitutional mandates being the principle of legality, one of the fundamental principles to be able to punish a person, and the literal interpretation of the norm. With this, it is not left in doubt the need for effective cooperation to be that figure legally established to dismantle organized crime in Ecuador, thanks to the granting of benefits granted by this figure, by minimizing the penalty of the accused. Likewise, the verification of both general and specific objectives will be achieved, which will be demonstrated by the case study. Within the objectives proposed and planned for this research, which in turn mark the central route of the investigative analysis of the subject, essentially a general objective was proposed in which it is intended to conduct research in an argumentative, evident, and categorized way on how effective cooperation serves as a technique and tool for the prosecution to dismantle organized crime in Ecuador. The three specific objectives are: first, to establish that organized crime is an antisocial phenomenon made up of various criminal combinations that affect public security in the country; second, to reflect the mechanisms and protocols that serve for the fiscal investigation and establishment of aggravating and mitigating factors by the measures established within the process of effective cooperation; and finally, to prepare a proposal for reforming the Organic Integral Criminal Code to establish effective cooperation as a mechanism for combating organized crime in Ecuador. |
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