Necesidad de regular el art. 478 del código orgánico integral penal, en relación a los servidores de la fuerza pública que apliquen de forma abusiva las medidas de constatación de identidad

The Art. 478 of the Code of Criminal Procedure provides comprehensive identity verification measures through call identity check, which is highly dangerous to the right of citizens of the many reasons set out below. According to paragraph 3 of Art. 478 of the Penal Code Integral, the servers and the police, without any court order, as an activity of preventive or investigative duties may perform the identity check and superficial registry of persons with strict observance in gender and respect of constitutional guarantees, where there is a principled reason that the person hidden in their clothing any weapon that could endanger the safety of persons or there is a presumption that was committed or attempted committing a criminal offense or provide evidence or useful evidence for the investigation of an offense. According to the above motivation to implement control is the mere suspicion of agent that applies; This should be a first wake-up call for citizenship, since we had never been subject to a criminal figure is based not on facts but on mere assumptions. To try to quell the uncertainty that applies to society a figure that may involve criminal records without a warrant, the Criminal Code of Integral comfort us is including in the text of Art. 478 words when there is a principled reason that the person hidden in their clothing any weapon which could endanger the safety of persons at risk. Far from reassuring the public, this should alert her urgently. Can anyone tell for sure what is a reason based on the context of identity checks? The problem of applying concepts as open as this, is that open the doors to illegality and abuse, as a police officer for almost everything could be a substantiated reason, because the Integral Penal Code does not provide a restrictive catalog reasons that may be considered "substantiated". Criminal law by its very nature is repressive and last ratio. However, for reproof, logically, you should always wait for what chides has been executed first. (I can not punish the child because I think it would break the vase below). The Model Penal Law proposing identity checks existed prior to the crime of conspiracy, where a group of assembled "alleged" criminal purposes persons, was sanctioned by the mere fact of meeting, even without even consummate the crime was planned (which incidentally breaks budgets criminis iter). I now proposes the COIP with the figure of identity check is similar but even more damaging because it does not even identify the comisor future crime, but has to find a kind of hunting. If the police stopped me and there is nothing to connect me with a crime, I bow my head and go, because the identity check is a preventive measure mandatory; if control I found related to some illegal, there will be able to save me from a penalty, because my situation just became a flagrante. Thus, it can be seen that identity checks, we all lose, in one way or another. The finding of identity the risk posed by excessive application of this figure, plus how fragile is the regulatory framework warns about. No contemplate a clear procedure or penalties for items that apply abusively this figure, it is impossible to think of a proper execution of identity checks. Furthermore, it should be proposed in the rule itself a mechanism for policing constant surveillance, so that the abuses that could reach given are corrected immediately. It is now up to the legislators to review the mistakes made in approving the Code of Criminal Integral, so more calmly than that used in the preliminary examination, identify the problems of the figures in that provision and propose immediate solutions

• Main Author: Crespo Andrade, Rigoberto Rosalío (author)
• Format: bachelorThesis
• Language: spa
• Published: 2015
• Subjects: CODIGO ORGÁNICO INTEGRAL PENAL; SERVIDORES; FUERZA PÚBLICA; ABUSO DE AUTORIDAD
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/8346