Reforma al código orgánico integral penal a fin de instaurar un régimen penitenciario especial para personas con enfermedades catastróficas o crónicas
The present research work whose theme is "REFORM TO THE COMPREHENSIVE PENAL ORGANIC CODE IN ORDER TO SET UP A SPECIAL PENITENTIARY SCHEME FOR PEOPLE WITH CATASTROPHICAL OR CHRONIC DISEASES", is considered necessary the reform to this legal body, taking into consideration that, in the absen...
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| Format: | bachelorThesis |
| Jezik: | spa |
| Izdano: |
2017
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| Teme: | |
| Online dostop: | http://dspace.unl.edu.ec/jspui/handle/123456789/18620 |
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Označite | Izvleček: | The present research work whose theme is "REFORM TO THE COMPREHENSIVE PENAL ORGANIC CODE IN ORDER TO SET UP A SPECIAL PENITENTIARY SCHEME FOR PEOPLE WITH CATASTROPHICAL OR CHRONIC DISEASES", is considered necessary the reform to this legal body, taking into consideration that, in the absence of A current regulation violates the right to legitimate defense of persons who in one way or another feel violated in the absence of a percentage table for the offender suffering a catastrophic or chronic illness, taking into consideration that in one form or another these People have a very delicate state of health with very expensive and difficult to treat treatments. It is oriented or propose a reform to our legal body with the intention of taking into consideration the state of health of the person with catastrophic diseases, that in one form or another should be sanctioned with custodial sentence. The Constitution of the Republic of Ecuador recognizes the rights of persons with catastrophic or incurable diseases, but what happens if they are punishable by deprivation of liberty and without taking into consideration their state of health, and as the principal treatment as well as The therapies that these people must follow not for their recovery in said disease but to be able to keep the disease balanced and to be able to extend a few more days of life. That said, it can be recognized that catastrophic or chronic diseases are those that do not have a cure, as established by the Ministry of Public Health, at the moment of establishing that catastrophic diseases are the serious, almost incurable, conditions that cause Constantly endangering the patient's life. The present thesis of Legal Investigation is structured as follows: In the first place a Conceptual Framework, which includes concepts and definitions of Sanctions, Penalties, Crimes and thus defining the experts so as to know their functions; A Doctrinal Framework, which covers the doctrines of writers and scholars on how catastrophic illnesses influence offenders within a detention center, then addresses a Legal Framework, which includes the analysis of the Constitution of the Republic of Ecuador, The International Organic Treaties and Conventions, the Integral Criminal Code, the Organic Code of Judicial Function and then we have a Comparative Legislation, since it served me to carry out an analysis of the labor issues of other countries and to extract the most positive. Secondly the research work comprises a field study in which surveys and interviews are developed to those who know the law in which they help me to determine or contrast the objectives and hypotheses raised. In the third place after the analysis of the field research, the conclusions and recommendations were made and finally a legal proposal necessary to solve the problem. |
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