Negociación jurídica de la pena en el procedimiento abreviado en el caso de que el procesado sea reincidente
This thesis entitled: "LEGAL NEGOTIATION OF THE PENALTY IN THE ABBREVIABLE PROCEDURE IN THE EVENT THAT THE PROCESSED IS REINCIDENT", is the result of the study of a problem that negatively affects the defendant when the legal business of the penalty is affected, when accessing the abbrevia...
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| Formato: | bachelorThesis |
| Lenguaje: | spa |
| Publicado: |
2019
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| Materias: | |
| Acceso en línea: | http://dspace.unl.edu.ec/jspui/handle/123456789/22266 |
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| Sumario: | This thesis entitled: "LEGAL NEGOTIATION OF THE PENALTY IN THE ABBREVIABLE PROCEDURE IN THE EVENT THAT THE PROCESSED IS REINCIDENT", is the result of the study of a problem that negatively affects the defendant when the legal business of the penalty is affected, when accessing the abbreviated procedure, when the processing is repeated; situation that contradicts the right of non-discrimination by judicial past that is stipulated in the Constitution of the Republic of Ecuador. Criminal Law, whose essential purposes are the social rehabilitation and integral reparation of the victim, converges a series of rights that protect those involved in a criminal process; finding mechanisms that allow the accused to have access to a trial based on procedural agility, complying with principles that converge the protection of the human rights of all, on equal terms. Abbreviated processing, being a type of special procedure; Its purpose is the attenuation of the penalty, in a context of voluntary acceptance of the alleged facts, as well as of the responsibility in committing a crime, the legal business of the penalty is affected latently when considering the recidivism as aggravating , which causes the need to propose a feasible solution to the problem under investigation. |
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