Inadecuada tipificación en el Código Orgánico Integral Penal del principio de proporcionalidad en relación a lo establecido en los artículos 189 y 281

Please, distinguished reader, delve into this investigative work entitled: "Inadequate typification in the Comprehensive Criminal Organic Code of the principle of proportionality in relation to the provisions of articles 189 and 281." The principle of proportionality is the fundamental basis for weighing judgment between the organs of the penal system. This means that the crime must have a close relationship with the sentence, depending on the seriousness of the matter. Therefore, it is essential that the legislator use this principle as a basis for drafting an article or be used by a Judge to issue a sentence. Since memorable times in the world there has been disproportionality in several crimes, the wealthy class, the white collar, the upper social class, and those who are in high positions in a country, have always been preferred, here is the high-speed justice; while slow-speed justice is rooted in people from the lower middle social class, any ordinary person, people who do not have a link with the State, those with a low economic situation. The pure principle of proportionality protect legal rights against injury or danger. We find ourselves with a principle of great relevance that is applied from the legislator to the Judges. With this investigative work it is intended to analyze the typification of the principle of proportionality in the Comprehensive Criminal Organic Code referring to the crimes of robbery and concussion in our legislation, this on this e part of the legislators and the operators of Justice, with support from other legislations such as Mexico, Austria, Colombia, Germany; and with legal bodies of various authors. In this sense, this thesis analyzes in a determined way each of the concepts that are linked to criminal law and mainly to the principle of proportionality and in the crimes of robbery and concussion. Finally, the study carried out through the technique of surveys, interviews, and a reform proposal demonstrates the inadequate typification of the principle of proportionality in the Comprehensive Criminal Organic Code in relation to Arts. 189 and 281”, as well as the abysmal typing errors in Arts mentioned above, which reliably corroborates that the judicial system, in these cases, is delivered to the wealthy class.

• প্রধান লেখক: León Méndez, Katherine Yanela (author)
• বিন্যাস: bachelorThesis
• ভাষা: spa
• প্রকাশিত: 2023
• বিষয়গুলি: <DERECHO>; <CODIGO ORGANICO INTEGRAL PENAL>; <DERECHO PENAL>; <ROBO AGRABADO>
• অনলাইন ব্যবহার করুন: https://dspace.unl.edu.ec/jspui/handle/123456789/27169