La participación como circunstancia o condición que limita o grava la responsabilidad, debe volver a su clásica concepción: autor, cómplice y encubridor

In the present research work that is mentioned under the thesis modality, it refers to a legal problem that deserves to be modified to obtain a solution and power in the same way to overcome the socio-legal problem that is identified in the promulgation of the Comprehensive Organic Penal Code , referring to the elimination of the responsibility that corresponded to the legal figure of the cover-up, obviating the responsibility that should be attributed to the individual in the commission of the illicit act, since the cover-up knows the perpetration of a crime or of the same manner the acts executed to carry it out, without being judged in a correct way, giving way to the clauses of extension of the criminal type, according to their degree of participation.In article 44 of the repealed Penal Code it said: “They are those who, Knowing the criminal behavior of the criminals, they usually provide them with accommodation, hiding place, or meeting place ion or provide them with the means to take advantage of the effects of the crime committed; or favor them, hiding the instruments or material evidence of the offense, or using the signs or traces of the crime, to avoid its repression and those who, being obliged by reason of their profession, employment, art or trade, to practice the examination of the signs or traces of the crime, or the clarification of the punishable act, hide or alter the truth, with the purpose of favoring the offender ”. Giving way to article 272 of the Comprehensive Organic Criminal Code, as an autonomous crime, under the crime of procedural fraud that mentions that: “The person who in order to mislead the judge, in the course of a civil or administrative, before a criminal procedure or during it, hide the instruments or evidence, change the state of things, places or people, will be punished with imprisonment of one to three years. With the same penalty, whoever, knowing the criminal conduct of one or more people, provides them with accommodation or hiding places, or provides them with the means to take advantage of the effects of the crime committed, or favors them by hiding the instruments or material evidence of the offense, or disabling the signs or traces of the crime or the clarification of the punishable act, conceal or alter the truth, with the purpose of favoring them.Therefore, it is necessary to clarify the cover-up, since the action of covering up a crime does not have to be considered as a conduct after the execution of any crime, given that there is a possibility that the cover-ups would go unpunished and therefore not only that the victim is mocked, but that justice tacitly becomes a blank rule. For this reason, the figure of cover-up must return to its classic conception: author, accomplice and cover-up, so that they are judged in the same condition in the same process, in which their innocence or responsibility is determined.

• Egile nagusia: Rodríguez Erazo, Cathleen Yamilex (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2020
• Gaiak: DERECHO; ENCUBRIDORES
• Sarrera elektronikoa: https://dspace.unl.edu.ec/jspui/handle/123456789/23734