Reformas legales al art. 107 del código penal, relacionado a la prescripción de las penas privativas de la libertad

Paragraph 3 of Article 11 of the Constitution of the Republic of Ecuador, said that the rights and guarantees established in the Constitution and in international human rights instruments are of direct and immediate application and to any servant or public official, administrative or court, ex officio or upon request. For the exercise of constitutional rights and guarantees no conditions or requirements that are not specified in the Constitution or the law will require. The rights will be fully justiciable. It may be invoked lack of rule of law to justify its violation or ignorance, to dismiss the action or to deny those facts recognition. Clause 4 of the same body of law invoked states that no legal rule may restrict the content of rights or constitutional guarantees. In Section 9, ibid, we have the highest duty of the State to respect and uphold the rights guaranteed in the Constitution. Article 75 of the supreme law states that everyone has the right to free access to justice and effective, impartial and expeditious protection of their rights and interests, subject to the principles of immediacy and speed; in no case be defenseless. Failure of judgments shall be punished by law. The Article 82 of the Constitution states that the right to legal certainty is based on respect for the Constitution and the existence of previous, clear, public and applied by the competent authorities legal standards. As you can see there is a very broad constitutional legal framework that protects the rights of various persons established in the Ecuadorian legal system, ie any violation of a legally protected interest, is criminally sanctioned. When analyzing the Article 107 of the Penal Code, imprisonment for the crime, prescribed in a time equal to the sentence, can not in any case, the time of prescription be less than six months, ie we speaking of criminal penalties in crimes as examples, I will cite the following:. sexual harassment, theft, slander, rape, fraud, indecent assault, injury, voluntary abortion, etc., in which the judge may well a conviction of six months, one year, two years and that because crimes that support alternatives to pretrial detention, are judged on defendant's liberty, reason to have knowledge sentenced say to six months either can be hidden until the penalty prescribed, mocking thus justice, which is opposed to enforcement procedures established in the Constitution of the Republic of Ecuador, creating legal uncertainty in people offended by the crime, so it is necessary to extend the limitation period of imprisonment.

• Hoofdauteur: Piedra Rosales, Jimbler Leonel (author)
• Formaat: bachelorThesis
• Taal: spa
• Gepubliceerd in: 2014
• Onderwerpen: DERECHO
• Online toegang: http://dspace.unl.edu.ec/jspui/handle/123456789/15713