Improcedencia de la edad de catorce años en los delitos de violación y estupro como elemento constitutivo de la infracción

The present research work whose theme is "IMPROCEDENCE OF THE AGE OF FOURTEENTH YEARS IN THE CRIMES OF VIOLATION AND STUPULT AS A CONSTITUTIVE ELEMENT OF THE INFRACTION", is that the objective of this research work is oriented to the legal and critical analysis of the procedures And claims in the application of sanctions within our Integrated Criminal Code, by not establishing a percentage table for hydrocarbons offenses according to the amount of the same. Article 76, paragraph 6, of the Constitution of the Republic of Ecuador stipulates that the law shall establish the necessary proportionality between offenses and criminal, administrative and other sanctions, so that the criminal legal system is responsible for the classification Of the different behaviors considered punishable as well as to establish the different procedures for their prosecution, with regard to penalties, the Comprehensive Criminal Organic Code, establishes a minimum and a maximum of time with regard to the custodial sentence, Criterion of the judge and other procedural rules to determine the penalty to be imposed. Crimes against sexual and reproductive integrity in Ecuadorian criminal law provide for several types of criminal offenses that establish unlawful conduct and constitutional circumstances for each of the offenses related in this field, as the most common of which we have is the offense of violation provided for in article 171 of the Integral Criminal Code and the rape provided for in article 167 of the same legal body. The crime of rape known doctrinally as a hidden crime and violence, establishes as one of the cases that the victim is less than fourteen years of age, this cause is far from the very essence of the criminal type, and since it provides no other element than The introduction of the virile member or other object by anal or oral vaginal route, but the mere fact that the victim is under the age of fourteen already constitutes such an offense. The crime of rape, according to the criminal doctrine, is the most serious attack that can be conceived against individual sexual freedom, since it is the most typical crime among those of this order. Sexual freedom must be understood as the capacity for action that assists the individual with the sole empire of his will to dispose before himself and against the other members of the community with freedom to choose, accept or reject the claims that occur in The sphere of their sexuality. The crime of rape consists in the carnal access with person of either sex, it is understood that it is executed through real or presumed violence. The legal right protected in Article 171 of the Ecuadorian Criminal Code is the one referring to sexual freedom, therefore the crime of rape is autonomous since it has nothing to do with rape, even if our criminal legal system involves it in the Same Chapter. The most important thing to indicate regarding this criminal type is that, according to the doctrine, in most cases it is a criminal offense, since it has come to the conviction that the majority of defendants for rape are mere victims of "Its victims," because when the resistance of the victim is truly sincere and effective, rape becomes impossible, unless there are certain circumstances that do not allow the victim to resist the person who commits the unjust act. Rape also takes some forms of figures, such as rape of children under fourteen years of age, as established by our Code of Criminal Integral, but does not establish a reasonable age for this crime, since a woman has been sexually active since the age of thirteen. From the above, I think it is advisable to establish the rape of a minor until the age of thirteen and take the rape after this age. And in this way it does not violate rights of freedom as well as the guarantees that our Constitution establishes as a right of equality, whether formal or material for citizens. The present thesis of Legal Investigation is structured as follows: First, a Conceptual Framework, which includes concepts and definitions of the Sanctions, conditional suspension, among other concepts that will give greater emphasis to the proposed topic; A Doctrinal Framework, which covers the doctrines of writers and scholars on how they obtain conditional suspension of sentence. Legal Framework, which includes the analysis of the Constitution of the Republic of Ecuador, the Comprehensive Criminal Organic Code, the Organic Code of Judicial Function and then we have a Comparative Legislation, since it served to me to carry out an analysis of the matter of other countries And to extract the most positive. In the second place, the research work includes a field study in which

• المؤلف الرئيسي: Andy Chongo, Maribel Jackeline (author)
• التنسيق: bachelorThesis
• اللغة: spa
• منشور في: 2017
• الموضوعات: DERECHO; VIOLACIÓN; ESTUPRO; INFRACCIÓN
• الوصول للمادة أونلاين: http://dspace.unl.edu.ec/jspui/handle/123456789/18700