Reforma del artículo 222 del código orgánico integral penal para sancionar la siembra o cultivo de plantas de las que se extraigan las sustancias estupefacientes y psicotrópicas

Every The criminal justice system has to reach the medium term to avoid injustice in society tolerated and seek to achieve social peace in the fight against crime, which is why this research work reflects the interest of generating a proposal for legal reform typing whereby the planting and cultivation of plants which penalizes the narcotic and psychotropic substance is extracted, to promote the vision of a justice with arithmetic parameters proportional to sanctions commensurate with the extent of the rights violated. This study addresses two important issues that often face each other in criminal proceedings for offenses related to the trafficking of narcotics and psychotropic substances, first is the principle of proportionality as part of due process in our Constitution and Moreover the constant typing in the Code of Criminal Integral intended to punish the planting and cultivation of plants from which narcotic drugs and psychotropic substances are removed. After the analysis of the legal and doctrinal tenets, it has been possible to determine that the proportionality principle is duly protected in our Constitution, serving even as a starting point to establish scales or parameters in the sanctions of some of the offenses related to trafficking drug, which is not true with the definition for punishing crime related to the planting or cultivation of plants from which controlled substances are removed, establishing only a general sanction custodial penalty one to three years, which affects the constitutional principle invoked above and even becomes insufficient to achieve the goal of combating and eradicating drug trafficking and protect the community from the dangers arising from such activities. These meanings are corroborated in the development of field research as a judgment and knowledge of most professionals say the occurrence of this legal phenomenon, it needs to be addressed and treated from the perspective of an immediate solution, consisting of an amendment to this constant typing in the Penal Code of Integral, which must fit the objective of combating impunity and without neglecting the guarantees and rights of citizens within the national territory.

• Autor principal: Abad Villalta, Wilmer Gonzalo (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2014
• Matèries: DERECHO
• Accés en línia: http://dspace.unl.edu.ec/jspui/handle/123456789/16739