Cumplimiento de la Garantía Constitucional al Debido Proceso en los Sumarios Administrativos de la Policía Nacional del Ecuador
The purpose of this curricular integration work was to determine when a police officer has incurred in a very serious disciplinary offense, which is the unjustified absence from work for three or more days, as this disciplinary offense leads to an administrative sanctioning proceeding, In the course...
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| 格式: | bachelorThesis |
| 語言: | spa |
| 出版: |
2024
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| 主題: | |
| 在線閱讀: | https://dspace.unl.edu.ec/jspui/handle/123456789/30755 |
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添加標簽 | 總結: | The purpose of this curricular integration work was to determine when a police officer has incurred in a very serious disciplinary offense, which is the unjustified absence from work for three or more days, as this disciplinary offense leads to an administrative sanctioning proceeding, In the course of the administrative sanctioning summary, if in the course of the administrative sanctioning proceeding it has been carried out with due process or there is a violation of those guarantees established in the Constitution of the Republic, since the regulations established by COESCOP, determines that the substantiating and investigating authority belong to the police institution, a designation that may be incurring in the violation of the principles of equality and impartiality; Likewise, the same would happen at the moment of notification, since, as the authority is aware, the whereabouts of the police officer is not known, and by not notifying him correctly, he would be left in legal defenselessness and unable to exercise his right to defense. In order to determine whether there is a violation of these principles and rights, the research was conducted based on the empirical, inductive, descriptive, analytical, exegetical method, in addition to the application of the qualitative approach, descriptive and transversal research is also linked. Likewise, techniques of theoretical collection and surveys were introduced, which were beneficial to verify the different criteria of the actors involved in the administrative sanctioning proceeding, as a technical defense of the summary or Ad Hoc secretary. Based on the results, relevant information was obtained on the subject of research, showing that there really is a breach of due process in the administrative disciplinary proceedings within the National Police, because the rule is not correctly applied as a result of lack of knowledge and experience on the part of the authorities who carry out the administrative disciplinary process, also allowed to demonstrate the existence of legal loopholes in the rule and a bias towards the institution by the substantiating authority. |
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