Inobservancia al principio de Proporcionalidad al aplicar el Numeral 1 del Artículo 220 del Código Orgánico Integral Penal, con respecto a las Penas establecidas para el tráfico ilícito de sustancias catalogadas sujetas a Fiscalización

In this research, I proposed to analyze everything related to failure to observe the principle of proportionality in applying paragraph 1 of Article 220 of the Code Integral Criminal, specifically in its literal d), this with regard to the penalties provided for illicit trafficking of scheduled subject to control from the point of social, analytical, doctrinaire and legal substances. For the development of it I did an analysis of how the penalties established in the articles referred to the Organic Code Integral Penal not comply with the principle of proportionality which contradicts not only the provisions of the Constitution of the Republic of Ecuador, but also in the Internaciones Treatment, of which Ecuador is a signatory. To get a broader picture of the subject of this investigation, in the Framework I mean first of the scheduled substances Subjected to Control, the Smuggling of them where their rules and sanctions included; in addition, I also include a study regarding the penalty taking into account its concept, purpose, function, purpose and classification; likewise, and fundamental importance because it is the focus of research conducted a thorough analysis of the principle of proportionality; and I have finally seen fit to refer to legal certainty. Within the Doctrinal Marco, I made an analysis of the constitutional principles governing the criminal law, primarily the principle of proportionality where I refer to the historical background, their relationship with fundamental rights, consolidation, its applicability in the law and specifically in criminal cases, including a study last Test of Proportionality and legal certainty. 7 Meanwhile, on the Legal Framework I mention everything related to substances subject to Control and Principle of Proportionality, using as a legal reference the main international treaties of which Ecuador is a signatory, such as: The 1961 Single Convention on Narcotic Drugs, the Convention on psychotropic substances signed in Vienna February 21, 1971, and the United Nations Convention of 1988 against Illicit Traffic in Narcotic Drugs and psychotropic substances; Ecuadorian law I mention the Constitution of the Republic of Ecuador, Code of Criminal Comprehensive and Integral Organic Law on Prevention of Socio-Economic Phenomenon of Drug Control and Regulation and Control of Scheduled controlled substances; culminating in a comparison relating to the subject in which I have taken into consideration the laws of countries like Colombia, Chile and Uruguay. The methods I used in the development of this research were: the scientist, who allowed me to obtain technical data subject of evidence, these data were collected in databases, books, research journals, publications in the press, at the source web, etc .; exegetical, which allowed me to make an analysis of the constitutional and legal provisions that directly affect the treatment of the issues raised; analytical and synthetic which was used to conduct a comprehensive analysis of both the complaint and information gathered so problematic it possible to synthesize those contained in concepts, ideas and results obtained during the course of the investigation; deductive, which allowed me the concrete study of the issues raised; and inductive, which allowed me to learn how the issues raised is given and helped me to make generalizations. The techniques used were observation, signing, surveys and interviews, of which I obtained quantitative and qualitative results based on a bank of questions that 8 allowed us to know both basic aspects of the problem investigated and specialized criteria professionals who are immersed in the daily practice of criminal law. In the discussion of the issues raised, it is proper verification of the objectives and hypothesis testing: in the same way, the results obtained during the development of this research I make the respective conclusions and recommendations, to finally finish my research a legal reform proposal. For all the above, the development of this research's main purpose is to demonstrate that there is a great consistent legal problem disregard the principle of proportionality when applying paragraph d) of paragraph 1 of Article 220 of the Comprehensive Organic Code criminal regarding the penalties laid down for illicit trafficking of scheduled subject to controlled substances, since the same is not considered to said same principle is established in international treaties and the Constitution of the Republic, so necessary make a legal reform of this legislation in order to guarantee the rights and guarantees of offending people.

• 主要作者: Maurad Sánchez, Richard Stalin (author)
• 格式: bachelorThesis
• 语言: spa
• 出版: 2016
• 主题: DERECHO; COIP; TRÁFICO ILÍCITO; FISCALIZACIÒN
• 在线阅读: http://dspace.unl.edu.ec/jspui/handle/123456789/17152