Necesidad de reformar el art 39.3, del código de procedimiento penal, para establecer límites a la potestad subjetiva que posee el fiscal, para abstenerse de iniciar una investigación penal o desistir de la ya iniciada, en ejercicio del principio de oportunidad, vulnerando el principio constitucional de legalidad.

The present thesis approaches a juridical problem of social deep impact, because two constitutional principles, that of opportunity and of legality they are those juridical alternative figures in the penal opinion that you/they are applied in the crimes repressed with prison from one to five years which are to recoup the very juridical one and the procedural economy on the part of the State. Because well the right to the defense that you/they have all the people, is being harmed by the lack of it limits to the subjective imperium that the district attorney possesses to abstain from to begin a penal investigation or to already desist of the initiate; this way the artificial spread bad application of the normative one especially in the penal right on the opportunity principle and on the basic guarantees, due to the process that establishes the right to the defense. For this reason it was indispensable to carry out the present work of partnerartificial investigation, which establishes a descriptive analysis of the constitutional principle of opportunity and legality in order to it contrasts legally and to be able to demonstrate the realization of the field study, with conceptual juridical and doctrinal contributions to investigate, one has investigated the approach of professionals in the juridical field, likewise fiscal authorities that have the knowledge on the topic, by means of the techniques as the observation that allowed to know managing the cases in the prosecutor's office, the survey the same one was used that it was good to obtain real information to give bigger truthfulness to the work, and then an interview was used the personnel from the prosecutor's office to professionals in the legal environment who manifested approaches and opinions with regard to the thematic proposal. The development of the investigation sinks to evidence the author's deep effort intellectual, regarding the literature revision like in the analysis of the results. It is part of this investigative work, a complete detail of the materials, methods, procedures and techniques used for the obtaining of valid and sustainable knowledge. The present juridical work has been able to establish the truth, objective of the related problem with making effective the constitutional principle of opportunity for the procedural parts, in this case to the defense not with the purpose of to dilate the causes or to propose a resource when the one processed is called in opinion, but procedural economy in the trifle crimes and this way to offer a proposal of reformations to the code of penal procedure, with respect to its tipificación and normative of the opportunity principle. The study is also supplemented with the elaboration of conclusions, recommendations and the reformation proposal to the Code of Penal Procedure related to the juridical bond of the constitutional principle of opportunity, from the conceptual, juridical and doctrinal contributions; it also consists of an empiric valuable sustenance, obtained of the application of surveys and interviews, jointly with a case study, in connection with the matter object of this investigation.

• Autor principal: Herrera Loaiza, Ángel Nicolás (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2013
• Matèries: DERECHO; NECESIDAD DE REFORMAR EL ART 39.3; CÓDIGO DE PROCEDIMIENTO PENAL; ESTABLECER LÍMITES
• Accés en línia: http://dspace.unl.edu.ec/jspui/handle/123456789/20256