Reforma del art. 231 del código orgánico de la función judicial, en relación a establecer la competencia a los jueces de contravenciones a las descritas en la ley de sustancias estupefacientes y psicotrópicas

The Article 14 paragraph 10 of the narcotic and Psychotropic Substances Act establishes as responsibilities of the National Council of narcotic and psychotropic substances, the overseeing and controlling the production, existence and sale of controlled substances and medicines containing them The law also has the function of preventing the abuse of substances, investigation and suppression of the offences under the law of the matter, as well as the treatment and rehabilitation of people affected. A successful model of organization of the Executive function, is which separates in different organs of control activities, them of control and those of surveillance; If they merge into a single body, began to present problems of administration and management. How much more will become problematic confused in a same organism competence of two different functions, such as the Executive and the judiciary. The rules governing the offences relating to narcotics is at the organic code of the Judicial function and even the Constitution. However, the jurisdiction, such as the power to administer justice and enforce judged, is custodial authority of the Judicial function from the very birth of the Republican State. The Article 231 of the code organic of the role Judicial, within the 5th paragraph on judges and judges criminal specializing, creates the contentious jurisdiction. Them judged of contraventions have been established in the great majority of the territory national, but the jurisdiction exercised by the Council national of substances narcotic and psychotropic in it pertaining to them substances subject to control, never was removed of this organ; on the contrary, it has been ratified. The Article 10 of the law organic of the function judiciary, establishes the following prohibition: "no other functions of the State authority may perform functions of administration of ordinary justice, without prejudice to the jurisdictional powers recognized by the Constitution". This article is consistent with Art. 168 Article third of the Fundamental norm, which enshrines this principle in similar terms: "Under the jurisdictional unit, no other functions of the State authority may perform functions of administration of ordinary justice, without prejudice to the jurisdictional powers recognised by the Constitution." Them judged of contraventions began to operate in March of the 2011, knowing them causes that constitute violations of the law of aliens, law of Defense of the consumer, code criminal, among others performances that les has responsible it law. However, the violations described in the law on narcotic drugs continued being processed by the National Counsel of the National Council of narcotic and psychotropic substances to date. This is a serious threat to them rights subjective of who incurred in them same, all time that their causes will be analyzed, sanctioned and executed by the same entity of control and control that determined the infringement.

• 1. Verfasser: Pintado Ontaneda, Luis Fernando (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2016
• Schlagworte: DERECHO; CONTRAVENCIONES; SUSTANCIAS ESTUPEFACIENTES
• Online Zugang: http://dspace.unl.edu.ec/jspui/handle/123456789/16242