Necesidad de aplicar la valoración psicológica y psiquiátrica a los sujetos activos del delito o delitos contra la integridad sexual y delitos contra la vida que permita establecer oportunamente su condición de imputabilidad en el marco del debido proceso
The present degree thesis is entitled: "THE NEED TO APPLY THE PSYCHOLOGICAL AND PSYCHIATRIC ASSESSMENT TO ACTIVE SUBJECTS OF THE CRIME OR CRIMES AGAINST SEXUAL INTEGRITY AND CRIMES AGAINST LIFE THAT ALLOWS TO ESTABLISH TIMELY THE CONDITION OF THE PROCEEDING OF DEFICIENT IMPUTABILITY" , the...
Kaydedildi:
| Yazar: | |
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| Materyal Türü: | bachelorThesis |
| Dil: | spa |
| Baskı/Yayın Bilgisi: |
2022
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| Konular: | |
| Online Erişim: | https://dspace.unl.edu.ec/jspui/handle/123456789/24805 |
| Etiketler: |
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Etiketle | Özet: | The present degree thesis is entitled: "THE NEED TO APPLY THE PSYCHOLOGICAL AND PSYCHIATRIC ASSESSMENT TO ACTIVE SUBJECTS OF THE CRIME OR CRIMES AGAINST SEXUAL INTEGRITY AND CRIMES AGAINST LIFE THAT ALLOWS TO ESTABLISH TIMELY THE CONDITION OF THE PROCEEDING OF DEFICIENT IMPUTABILITY" , the same that arises from the need to make rights effective and the applicability of due process regarding sexual crimes and crimes against life, taking it from a point of view focused on the situation of the aggressor or perpetrator, since even though he must be prosecuted for committing his crimes under art. 76 of the CRE, numeral 2 expressly states that "The innocence of every person will be presumed, and they will be treated as such, as long as their responsibility is not declared by a final resolution or enforceable sentence", that is when the proposal of a psychological and psychiatric evaluation plays an important role at the moment of knowing the level of responsibility of the actors of the fact, that is to say, through this procedure it will be possible to identify whether or not the individual is imputable and thus be able to determine a fair sentence. In the development of the thesis, materials and methods were applied to develop this socio-legal research, for which we proceeded to carry out interviews and surveys with legal professionals, to obtain results that served as the basis for proposing a project of legal reform to the Comprehensive Organic Criminal Code, incorporating norms that determine the degree of participation, the legal consequences and the possible penalty that individuals would face if they are found unimpeachable in the face of the charges to which they are being subjected, since thereby avoiding affecting the presumption of innocence, the principle of evidentiary efficacy and guaranteeing due process for the perpetrators of sexual crimes and crimes against life. Keywords: criminal law; importance of due process; psychological and psychiatric assessment; accountability in criminal matters; criminal liability |
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