Necesidad de reformar el código orgánico integral Penal, respecto a la medida de amparo prevista en el Art. 558, numeral cinco, que vulnera el derecho a la Defensa y a la presunción de inocencia del Denunciado

The research includes a detailed study of the Code of Criminal Integral, making a detailed procedural basic principles to be applied in the procedures of domestic violence, such as vulnerability, defense, innocence analysis. Especially in paragraph 5 of Art. 558 of this law, as the aggressor to leave the dwelling is imposed. Based on the hypothetical-deductive method, scientific method the structure of research is established, the same that based on the survey technique allows compiling relevant and factual information on the basis of the research problem, also, the research the thesis report, whose findings, presented in the interpretation and analysis of the implementation of surveys and interviews with due discussion, which comprises the verification of the objectives, the testing of the hypothesis and legal, doctrinaire and criteria opinion that support the Reform Proposal; for what is concluded that in practice, the main problem that exists with the handling of conflicts of domestic violence in the Judicial Specialized Unit against Women and the Family, is a breach of the principle of procedural speed and the condition of the rights to due process and recommended that the Judicial Specialized Unit of Violence against Women and the Family, and authorities administering justice, the right main principle of innocence is not violated the right to exercise his defense claiming situations legality of the measure and proportion that should exist in the processing and settlement of conflicts of domestic violence.

• Main Author: Pontón Vargas, Richard Javier (author)
• Format: bachelorThesis
• Language: spa
• Published: 2016
• Subjects: DERECHO; NECESIDAD DE REFORMAR EL CODIGO ORGANICO INTEGRAL PENAL
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/13362