INAPLICABILIDAD DE LA PRISIÓN PREVENTIVA, EN DELITOS DE TRÁFICO ILÍCITO DE SUSTANCIAS CATALOGADAS SUJETAS A FISCALIZACIÓN, EN LA CATEGORÍA DE MÍNIMA ESCALA

The current social reality in our country around the micro-trafficking offense is worrying due to the high incidence of this scourge; the Constitution of the Republic of Ecuador, in paragraph 6 of Article 76 states that the law shall establish due proportionality between offenses and criminal, administrative or other nature, ie penalties sanctions must be proportionate to the offense. According to Article 220 of the Code of Criminal Integral, it establishes the penalty for illicit trafficking of scheduled substances listed in the category of minimum scale which is 2 to 6 months substances, and their aggravating reaches eight months; precluding the application of preventive detention without considering the danger to health, life and that the defendant could abscond and not appear at the trial stage and to comply with the penalty for this crime, therefore no rights are protected children, adolescents and society in general, established in the Constitution. In my view, then the study of the legal provisions cited, the Integral Code of Criminal Constitution of the Republic of Ecuador, Law on Narcotic and Psychotropic Substances, related to the smuggling of controlled substances listed in the category of minimum scale The Act does not protect the fundamental rights and legal interests of public health, too low to be a penalty for this offense great risk and danger. 5 In the theoretical and field of this thesis work it allowed me to get criteria clear and precise basis, the same that helped me to verification of objectives and testing of hypothesis allowing me to support the proposed changes to criminal legal regime in crimes of smuggling substances subject to control, at the minimum level. Concluding therefore recommend the need for this legal proposal to reform the Code of Criminal Integral type of criminal offense of smuggling of scheduled subject to control, in the category of minimum scale substances.

• मुख्य लेखक: Córdova Córdova, Dario Javier (author)
• स्वरूप: bachelorThesis
• भाषा: spa
• प्रकाशित: 2015
• विषय: DERECHO; PRISION PREVENTIVA EN DELITOS; TRÁFICO ILÍCITO DE SUSTANCIAS; CATEGORIA MINIMA ESCALA
• ऑनलाइन पहुंच: http://dspace.unl.edu.ec/jspui/handle/123456789/10046