Necesidad de reformar el código penal, estableciendo la debida proporcionalidad entre la sanción y los delitos inintencionales de lesiones y homicidio, por ser ocasionados por el infractor sin intención de causar daño
The importance and implications of socio-legal problem on "Need to amend the Penal Code, establishing the relevant proportionality between punishment and crime unintentional injury and homicide, being caused by the infringer without intent to harm" that primarily the need to guarantee the...
Tallennettuna:
| Päätekijä: | |
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| Aineistotyyppi: | bachelorThesis |
| Kieli: | spa |
| Julkaistu: |
2016
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| Aiheet: | |
| Linkit: | http://dspace.unl.edu.ec/jspui/handle/123456789/13115 |
| Tagit: |
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| Yhteenveto: | The importance and implications of socio-legal problem on "Need to amend the Penal Code, establishing the relevant proportionality between punishment and crime unintentional injury and homicide, being caused by the infringer without intent to harm" that primarily the need to guarantee the rights of offenders who commit a crime against the lives of people with no intention to cause damage, such crimes are punished with prison sentences without considering the reason that caused the commission of that crime, either of homicide or unintentional injuries, however, constitutional law allows and guarantees people matter and formal equality before the law without discrimination, the Act also established the necessary proportionality between the offenses and the criminal, administrative or other nature, ie it is due to reform this kind of unintentional crimes committed with will and consciousness, but without intent to harm another person, but by circumstances beyond his carelessness, lack of due caution and foresight having the offender, originate as unintentional, injury or death of others, which in many cases are friends or relatives. Therefore arisen an interest in helping the administration of justice, to be implemented without much delay and safeguard the rights of people who do not deserve to be deprived of their liberty, if no other punishment as applied to them subject to the authority. The theoretical and field work of this thesis allowed me to obtain criteria, based on clear and precise, well-recognized literature, which contributed to the verification of targets, and contrast the hypotheses, enabling support the proposed changes. The contents of the thesis is an intellectual effort of the applicant in the scientific and methodological, which addresses both theoretically and empirically, the right protection in the criminal offense of adolescent offenders, given the lack of legislation in the Criminal Code ensure proportionality between the crime due to unintentional injuries and homicide in connection with their respective penalties should not be custodial. |
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