Tipificación en el código orgánico integral penal el delito de profanación de tumbas y necrofilia para garantizar los derechos de la víctima y conseguir la rehabilitación del infractor

The present thesis titled: “TIPIFICACIÓN EN EL CÓDIGO ORGÁNICO INTEGRAL PENAL EL DELITO DE PROFANACIÓN DE TUMBAS Y NECROFILIA PARA GARANTIZAR LOS DERECHOS DE LA VÍCTIMA Y CONSEGUIR LA REHABILITACIÓN DEL INFRACTOR”, the implementation of a new normative is of vital importance given the empty legal that finds in the Integral Organic Code Penal, that vulnerary the right to legitimates it defense by not existing a norm that sanction to the necrophile and protect to the familiar that are affected directly by this event. This investigation has notable information, that more forward helped to esclarecer different doubts and appearances, basing of theoretical way, dogmatic and juridical that allow them elaborate a law that can implement in the Integral Organic Code Penal to end of sancionar the cases necrófilos. The profanación of graves is quebrantar, destroy, devastate, dismantle the graves of the deceased, and the necrofilia is the love, or the attraction of an alive person to the dead persons with the end to keep relations with the body without life. The necrofilia is a derivación of a parafillia, that considers like a fetiche, that is the extreme taste by different things that are out of the common and these are little conventional, the people that practise these acts are presenting clearly pathologies of a disorder of personality which have to be treated with prontitud, to be able to control these indications of criminality that can develop The necrófilo inside the society manages of normal way, sigilosa, without giving indications that this person presents a picture of alterations in his emotional system, in fact, an impulse repressed could denote the picture of anxiety that present these people. Given the cases in different provinces and any of them was sanctioned, denotes clearly that exists an empty legal that is not fulfilling with what the Constitution says on purpose; that protects the rights of the person especially of the victims and sanctioned to the one who violente the law. By the above-mentioned is paramount to promote the implementation inside the Integral Organic Code Penal; a norm that sanction the necrofilia and ayude this to his time to the offender. The attendants to exert justice have to will have a thorough knowledge the case that developed , with an investigation detailed of the facts, analysing the margin of error of his decision and the alternatives to solve the conflict, and if necessary look for help of an expert for esclarecer better the case and have a wide panorama but very determinate. This work is sustentado in the scientific investigation, documentary and of field, handling like this technical of the survey for recolectar information, headed to 30 professionals of right of the province and city of Loja. The contents of the Conceptual Frame, Doctrinario and Juridical serve of referential base for the investigation detailed of this crime that for many is considered a fact without importances. The methodology applied was; recolección of bibliographic material, surveys, glimpsed, afterwards proceeded to the tabulation and finally to the analysis of results.

• Váldodahkki: Mora Montaño, María Fernanda (author)
• Materiálatiipa: bachelorThesis
• Giella: spa
• Almmustuhtton: 2019
• Fáttát: DERECHO; DELITO DE PROFANACIÓN DE TUMBAS; NECROFILIA
• Liŋkkat: http://dspace.unl.edu.ec/jspui/handle/123456789/22246