Inejecutabilidad de la reparación material hacia la víctima frente a los beneficios y regímenes especiales.

The rigorous protection of constitutional rights provides a palpable approach to justice with a fundamental level of equity in the judiciary. The objective of this work is to demonstrate the non- fulfillment of the material compensation in the restorative process, which has a transcendental value in view of the clear violation of the justice system in ensuring the effective enjoyment of the rights that the affected person treasures. The research has a mixed approach and exploratory scope, using interview and survey techniques; 5 victims were considered for the interview and 15 legal professionals (11 lawyers and 4 Judges of Penitentiary Guarantees) were considered for the survey. The results show that there is a violation of the legitimate right of integral reparation to the victim based on the ineffectiveness of the judicial system and the effectiveness of its mechanisms. On the other hand, regarding the guidelines to make effective the economic obligation to the victim, 67% of the respondents believe it is necessary that the judge guarantees in the sentence a form of payment prior to the benefit or special regime, since the rule of law based on equity and restorative justice is sought to be guaranteed, therefore the following forms of payment were proposed: subscription of movable or immovable property provided that there is equalization of values and conditions for the material reparation to the victim; in addition, the creation by the State of an Institute for psychological and medical assistance for victims of priority attention was considered. Finally, it is determined that the sentenced person, prior to availing himself of a benefit or special regime, fails to comply with the material obligation to the victim.

• Autor Principal: Narváez Tapia, Kevin Paúl (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2024
• Subjects: DERECHO; DERECHO PENAL; ECUADOR; COIP
• Acceso en liña: https://dspace.unl.edu.ec/jspui/handle/123456789/30765