LA PREJUDICIALIDAD EN EL DELITO DE QUIEBRA FRAUDULENTA
This research work prejudiciality IN THE CRIME OF FRAUDULENT BANKRUPTCY, is a very complex and interesting subject. Ecuadorian procedural doctrine had paid little attention, in relative terms the phenomenon of prejudiciality in civil proceedings. The specific objectives are aimed at identifying lega...
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| Формат: | bachelorThesis |
| Мова: | spa |
| Опубліковано: |
2016
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| Предмети: | |
| Онлайн доступ: | http://dspace.unl.edu.ec/jspui/handle/123456789/10183 |
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Додати тег | Резюме: | This research work prejudiciality IN THE CRIME OF FRAUDULENT BANKRUPTCY, is a very complex and interesting subject. Ecuadorian procedural doctrine had paid little attention, in relative terms the phenomenon of prejudiciality in civil proceedings. The specific objectives are aimed at identifying legal facts which are subject to the prejudiciality. It starts defining the concepts of prejudiciality, criminal prejudiciality and systems for preliminary rulings resolution. The crime terms, grief, bankruptcy, classification bankruptcy, fraudulent bankruptcy, natural person, legal person and what is a criminal procedure is also conceptualized. Doctrinal Marco in speaking of the origin of the prejudiciality, its legal nature, prejudiciality in the criminal field, prejudiciality classification, historical review of crime, punishment background, history of bankruptcy and fraudulent bankruptcy. Then from the Legal Framework discussed the Code of Criminal Comprehensive Organic Process General Code and the Constitution of the Republic of Ecuador. Comparative Legislation in relation to one concerning prejudiciality is done by comparative law of the countries of Guatemala and Peru. The following materials, methods and technical employees in the research process are detailed. The methodology is scientific, hypothetical-deductive, inductive-deductive and analytical; technical survey and interview to determine prejudiciality the crime of fraudulent bankruptcy. Finally the results of surveys of law students and interviews with lawyers free exercise of the city of Loja are analyzed, then the discussion is carried out to verify the objectives of the hypothesis; then the conclusions and recommendations was established and, depending on the results achieved, 5 submit the proposed amendment to Art. 414 of the Code Integral Penal, in the sense that it determines clearly which cases are where the prejudiciality it becomes applicable, especially those related to fraudulent bankruptcy. |
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