Autonomía e independencia de la acción de extinción de dominio para una efectiva recuperación de bienes provenientes de actividades ilícitas.
This Curricular Integration Work is entitled “Autonomy and independence of the action of extinction of ownership for an effective recovery of assets from illicit activities”, which analyzes the new Organic Law of Extinction of Ownership, which has been so controversial since it was presented as a bi...
সংরক্ষণ করুন:
| প্রধান লেখক: | |
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| বিন্যাস: | bachelorThesis |
| ভাষা: | spa |
| প্রকাশিত: |
2024
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| বিষয়গুলি: | |
| অনলাইন ব্যবহার করুন: | https://dspace.unl.edu.ec/jspui/handle/123456789/30038 |
| ট্যাগগুলো: |
ট্যাগ যুক্ত করুন
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ট্যাগ যুক্ত করুন | সংক্ষিপ্ত: | This Curricular Integration Work is entitled “Autonomy and independence of the action of extinction of ownership for an effective recovery of assets from illicit activities”, which analyzes the new Organic Law of Extinction of Ownership, which has been so controversial since it was presented as a bill, because it is a novel tool that aims to recover the assets from illicit activities, whose mechanism is of vital importance today due to the excessive growth of crime, especially drug trafficking, money laundering, corruption and organized crime; These crimes generate and manage large economic resources, which has allowed them to consolidate as one of the greatest threats to security and attempts against the good living of citizens. Within the framework of this study, an exhaustive analysis of the different positions of jurists, doctrinarians and professors, specialists in the subject of recovery of illicit assets, in relation to the confiscation regime and the extinction of ownership in a predominant way, supported by jurisprudence that allowed clarifying the issue raised, was developed; In addition, a legal and argumentative review of the regulations, such as the Organic Law of Extinction of Ownership, in comparison with the legislations of Colombia, Peru and Guatemala, since they have more years of experience with this figure, being considered as an efficient mechanism to recover those goods coming from criminal activities. Likewise, international regulations that address the legislative and operational measures regarding confiscation, which the States must have in order to combat criminality. For the execution of this work, several methods were used, such as analytical, deductive-inductive and comparative law; also, by means of several techniques, field research was carried out, using thirty surveys and five interviews to legal professionals specialized in the matter, and, with respect to documentary observation, statistical data were analyzed that reflect from a point of view the current situation of the Ecuadorian justice system and highlight the problems posed. From this detailed study, it was determined that the efficiency of this tool has been substantially diminished due to the reforms that have been made to the Organic Law of Extinction of Ownership, since it has not been implemented with all the necessary resources for its effective application, as its legal nature of autonomy and independence has been significantly weakened by depending purely on the enforceable conviction, not opening the possibility of exceptions. This research offers nourishing information that allows strengthening the action of forfeiture of ownership from its characteristics of autonomy and independence, in 5 order to opt for a regime of confiscation without conviction since it is essential that the Ecuadorian State has criminal policies that focus specifically on dismantling criminal associations and face the limitations of the criminal process, depriving the assets generated by these criminal activities. |
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