La Suspensión Condicional de la Pena en los Casos de Procedimiento Abreviado
The present work constitutes a systematic exposition of arguments based on national legislation, international human rights instruments, doctrine, comparative law and the opinion of specialists, against the prohibition of joint application of the abbreviated procedure and the surrogate of the suspen...
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| フォーマット: | bachelorThesis |
| 言語: | spa |
| 出版事項: |
2019
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| 主題: | |
| オンライン･アクセス: | http://dspace.unl.edu.ec/jspui/handle/123456789/21667 |
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タグ追加 | 要約: | The present work constitutes a systematic exposition of arguments based on national legislation, international human rights instruments, doctrine, comparative law and the opinion of specialists, against the prohibition of joint application of the abbreviated procedure and the surrogate of the suspension conditional of the penalty contained in Resolution 02-2016 of the National Court of Justice of Ecuador. With them it is tried to demonstrate that this application does not contradict the own nature of the mentioned juridical figures or less it still favors the impunity, that to believe the opposite can only be fruit of a mistaken conception of the authentic sense of these figures. At the end, a resolution model is proposed by which the National Court of Justice repeals its resolution 02-2016, since, as will be seen in the development of the investigation, its content and effects are openly against constitutional principles such as legal security, normative hierarchy, progressivity of rights and favorability, mainly, as well as of international human rights instruments in the area of persons deprived of liberty and of a series of secondary norms, among which the rules of interpretation of Article 13 of the Comprehensive Criminal Organic Code stand out. |
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