En Las Contravenciones Estipuladas En El Código Orgánico Integral Penal No Se Valora La Reincidencia Para La Calificación O Graduaciones De La Pena
The present thesis entitled: "In the stipulated contraventions in the Integral Organic Criminal Code, recidivism is not valued for the qualification or graduation of the sentence", is the result of the study of the existing problems that affect citizens and their legal assets protected, be...
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| Format: | bachelorThesis |
| Idioma: | spa |
| Publicat: |
2020
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| Matèries: | |
| Accés en línia: | https://dspace.unl.edu.ec/jspui/handle/123456789/23650 |
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Afegir etiqueta | Sumari: | The present thesis entitled: "In the stipulated contraventions in the Integral Organic Criminal Code, recidivism is not valued for the qualification or graduation of the sentence", is the result of the study of the existing problems that affect citizens and their legal assets protected, because of the continuity with which the offenders commit or repeat offenses typified in the same legal body, which would be reflected in the increase in the Ecuador crime rate, in terms of offenses. This inasmuch as the non-typification of recidivism in the offenses generates that the penalties are not a symbol of prevention and much more in particular to the fact that the purpose of the Integral Organic Penal Code is not being fulfilled, which in particular is that of regulate punitive power, typify criminal infractions, promote the social rehabilitation of sentenced persons. Based on the Republic Constitution of Ecuador and the Integral Organic Criminal Code, the restructuring of criminal regulations in the area of "recidivism" is sought, in order to make the sanction more rigorous and prevent the commission of contraventions in their recidivism because it indicates that the State is the one who must guarantee human security, in order to promote a culture of peace and prevent forms of violence and discrimination and the commission of infractions and crimes. It is essential to mention that in the Organic Integral Criminal Code in its 57 article, it typifies recidivism, however, this will only proceed in crimes, so that the exclusion that the regulations makes to typical and unlawful behaviors of little gravity is seen, without taking into account that these also affect the protected legal assets. For this reason, it is necessary to aggravate the sanction for the recidivism contravention due this would imply that the offender foresees its commission, considering future sanctions. For this reason, I consider it necessary to take into account the antecedents in the commission of recidivism, in order to apply a sanction proportional to the danger of the person, because this has generated habituality and preference in the commission of certain offenses. The present investigation project has allowed me to analyze and verify the existence of the problem raised. Due to the above, I consider it necessary to aggravate the penalty for committing a recidivism contravention, when the offender shows predilection and preference to commit a specific recidivism contravention. |
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