Incrementar El Internamiento Institucional En El Código De La Niñez y Adolescencia Para Los Adolescentes Infractores En Delitos De Carácter Sexual Perpetrados En Contra De Niñas y Niños
In the present thesis entitled: "INCREASE INSTITUTIONAL DEMONSTRATION IN THE CHILDHOOD AND ADOLESCENCE CODE FOR ADOLESCENTS OFFENDERS IN CRIMES OF A SEXUAL CHARACTER PERPETRATED AGAINST GIRLS AND BOYS", originates as a result of the need to study the problem that is related to the mildness...
Sábháilte in:
Príomhchruthaitheoir: | |
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Formáid: | bachelorThesis |
Teanga: | spa |
Foilsithe / Cruthaithe: |
2021
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Ábhair: | |
Rochtain ar líne: | https://dspace.unl.edu.ec/jspui/handle/123456789/23785 |
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Achoimre: | In the present thesis entitled: "INCREASE INSTITUTIONAL DEMONSTRATION IN THE CHILDHOOD AND ADOLESCENCE CODE FOR ADOLESCENTS OFFENDERS IN CRIMES OF A SEXUAL CHARACTER PERPETRATED AGAINST GIRLS AND BOYS", originates as a result of the need to study the problem that is related to the mildness of the sanction imposed on the offender adolescent, when he has committed a crime of a sexual nature against a boy and a girl, in which the legal norm provides for internment for a maximum period of eight years as a socio-educational measure, which It is a non-exemplary provision for those who violate the legal right protected against this priority care group, whose damages and consequences may be irreparable, for the victim. This is conformed by the analysis of the necessary terms and adequate doctrine to justify that the internment that is currently being found is not proportional, since the damages and the violated right of the victims are not taken into account, effectively said measure has an approach re-educator-family which does not seek to change it but to increase, Both National and International legislation must seek to guarantee the welfare of this vulnerable group, so there are legal provisions to prosecute this type of crime according to the violated right, in other words, the socio-educational measure must be proportional to the violated right. Comparative law was very helpful to us since other laws on this specific matter do consider the particular of the victims and therefore the internment is more drastic. Likewise, through the methods of interviews and surveys, a professional criterion was obtained which supports our claim since they consider that this protection of the Childhood and Adolescence Code that provides the adolescent should not exist when the taxpayer of the action is a child or a child . The existence of the legal-social problem is evident and therefore of personal interest, and must also be in the interest of the State, thereby strengthening the need to propose a reform to the Organic Code of Children and Adolescents, where the time of internment is in accordance with the sanction established in the laws of criminal matters, thereby guaranteeing the rehabilitation of the offender adolescent, and prevention regarding the commission of crimes of this nature. |
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