Análisis de la política criminal aplicada por el Estado ecuatoriano para el control y la prevención del delito de peculado.

This Curricular Integration Paper is titled: “Analysis of the criminal policy applied by the Ecuadorian Government for the control and prevention of embezzlement.”. The interest in developing this research arises from the fact that a criminal policy is vital for a country’s safety, since it allows preventing and confronting criminality, thus guaranteeing the Government essential interests and its inhabitants rights. However, at present Ecuador does not have a criminal policy. In January 2022 the Ecuadorian Government presented the “Project of Organic Reform Law to Various Legal Bodies for the Strengthening of Institutional Capacities and Comprehensive Security”, one of its proposals was the creation of the “National Criminal Policy Council”, this body would be in charge of approving the criminal policy proposed by its “Governing Body”. This project was approved by the Asamblea Nacional in January 2023, consequently reforming the “Public and State Security Law” by adding the unnumbered chapter “National Criminal Policy Council” after article 10; Therefore, it is important to consider that the recent creation of the council and the acute internal political crisis, occurred due to the muerte cruzada (mutual death), and the constant states of exception, for instance, in August 2023 the then president Guillermo Lasso decreed a state of exception for 60 days, and renewed the decree for 30 days more in October, whose argument was similar to Noboa’s: ‘acute internal commotion’. He assumed power in November, under the promise of returning security to Ecuadorians since Ecuador is immersed in a crisis of violence, reason for which he decreed on Monday 8 January the state of exception for the entire national territory, on the first day of the state of exception validity, the situation of insecurity remained latent, as explosions were reported, kidnapped policemen and incidents in several prisons in the country, in addition to the seizure of a television channel while broadcasting live reason why Ecuador does not yet have a criminal policy plan. This study evidences that the increase in embezzlement represents a serious threat to public administration, generating distrust, inefficiency and ineffectiveness of public services due to the fiscal deficit it causes to the national treasury. Furthermore, serious failures have been evident in achieving the objectives proposed by the National Criminal Policy Council, leaving a large number of emblematic cases unpunished, which is why it is necessary that the governing body of criminal and human rights policy propose to the Council National Criminal 5 Policy a Criminal Policy Plan, aiming at preventing and controlling the criminal commission of embezzlement, in order to prevent and reduce the high rate of corruption in the public administration. In this Curricular Integration Paper, the use and application of corresponding materials and methods was made, to achieve the stated objectives, to this end, the technique of application of "Surveys" and "Interviews" aimed at legal professionals was used, whose results served to suggest propositional guidelines, in order to guarantee the right to good public administration, which is being violated due to the criminal activity of embezzlement.

• Автор: Lapo Campoverde, Samantha Laleshca (author)
• Формат: bachelorThesis
• Мова: spa
• Опубліковано: 2024
• Предмети: DERECHO; POLITICA CRIMINAL; ESTADO ECUATORIANO; PECULADO
• Онлайн доступ: https://dspace.unl.edu.ec/jspui/handle/123456789/30659