Reforma del art. 45, numeral 2, del Código Orgánico Integral Penal, a fin de determinar los grados de violencia bajo los cuales actuó la persona infractora, para ser considerados como circunstancia atenuante de la infracción

As the State Ecuador constitutional rights and justice is obliged to ensure and ensure that these are met, but even when the highest duty of the State is to respect and enforce the rights guaranteed by the Constitution and international treaties of which Ecuador is a part. One of the rights recognized by the Constitution as determined in Article 82 relating to legal certainty, in whichcontent states: "... legal certainty is based on respect for the Constitution and the existence of previous legal rules, clear, public and applied ... "(The bold and underline mine). In the Organic Code Integral Criminal body law is in effect, in paragraph 2 of Article 45 relating to the mitigating circumstances that says: "Acting the offending person by intense fear or under violence" has not been established degrees or levels of violence to know the kind, form or degree of violence that must be considered a mitigating circumstance of the offense at the time they applied the rule to issue a ruling by the judge, being in a state wide open and generally the term violence to the Operator of Justice make use of it when mitigate a penalty. To this we must take into account that violence is a deliberate behavior running hard or abruptly and may cause physical or psychological damage to the person who has undergone this kind of abusive and illegitimate action, the same that is associated but not necessarily physical aggression, since it can also be psychological, emotional or political, through threats, insults or shares, becoming an action that is outside its natural state and that goes against the will of the victim. Subject to endure beyond violence in some form; it has psychological and emotional repercussions irreversible often becoming the reason and coercive means for the commission of a crime, some forms of violence are sanctioned by law or society, others are regarded as punishable offenses. For these reasons it was necessary to conduct a technical and legal study on the proposed topic, since no determination of clear, precise and singled out about the kind of violence and their degree or level for this to be considered as a mitigating and under the power that the law allows to propose draft amendments to the text and in order that individual rights are guaranteed by limiting the punitive power of the state by enacting rules to ensure the enforcement of a just order, clearly worded for effective implementation of the standard

• Glavni avtor: Heredia Rivera, Julio Trajano (author)
• Format: bachelorThesis
• Jezik: spa
• Izdano: 2015
• Teme: CIRCUNSTANCIAS ATENUANTES DE LA RESPONSABILIDAD; LA EXCLUSIÓN EN MATERIA PENAL; VIOLENCIA FÍSICA; VIOLENCIA MORAL
• Online dostop: http://dspace.unl.edu.ec/jspui/handle/123456789/8606