Reformar el art.182 del Código Orgánico Integral Penal, en cuanto a la insuficiencia jurídica del delito contra el derecho al honor y buen nombre, respecto a la calumnia

The honor is inherent in man, is a good person, such as his life, body integrity, his honesty and his freedom, in such a way that offences against honour attack a set of qualities that are appreciated as valuable by the community, these qualities are not exclusively which affect the moral of the individual personality, they include the legal qualitiessocial, professional and valuable for the community; so that the tranquility of each one and the social peace, require foreign personality to be respected, hence, any person corresponds to a minimum of respectability and honesty that must be protected by the legal system. The Constitution of the Republic of the Ecuador, refers in its article 66 paragraph 3 which among other rights is guaranteed "(El derecho a la integridad personal, que incluye: a) the physical, mental, moral and sexual integrity" Personal integrity is an absolute fundamental right of persons which can guarantee the right to physical, moral, psychological and sexual integrity in all its components avoiding that State and individuals engaged in acts of violence affecting these rights, but the law has permitted cases, in which will affect this right without allowing the subject to demand their right to reparation and to punish such acts. Likewise, in the same body of law in art. Paragraph 18 is guaranteed; "The right to honour and a good name. The law will protect the image and the voice of the person." Why civil rights are guaranteed and freedom which are recognized to every one of the people and to our study is needed mention which has a greater relationship with the honor, mentioning previously that these rights are constitutional and fundamental category within our system guarantees. Why civil rights are guaranteed and freedom which are recognized to every one of the people and to our study is needed mention which has a greater relationship with the honor, mentioning previously that these rights are constitutional and fundamental category within our system guarantees. It is worth mentioning that the organic comprehensive criminal code is established regarding libel, that "the person who, by any means, make a false accusation of one crime against another, shall be punished with imprisonment from six months to two years. Do not constitute slander the pronouncements made to authorities, judges and courts, when allegations were made because of the defense of the cause. It is not responsible of slander who proved the veracity of the allegations. However, in no event will accept test on the imputation of a crime that has been the subject of a ratifying ruling of innocence of processing, dismissal or file. There will be no place to criminal liability if the author of slanders, retractare voluntarily before proffering enforceable sentence, provided that the publication of the withdrawal is made at the expense of the person in charge, is met in the same way and with the same characteristics that spread the accusation. The withdrawal does not constitute a form of acceptance of guilt." Clear is the difference of new typing in the organic comprehensive criminal code, in terms of slander, but there is also a legal failure as is standard who performed or Empire slander toward another person, you will not have criminal liability if he retractare voluntarily provided them before utter a sentence rendered, before this in my opinion is violate the rights of the injured personwhich already ran the Act or offence against honour and good name and the simple act of recanting not reimburses the damage caused to the maligned Therefore, it is necessary to reform the Art.182 of the organic comprehensive criminal code, regarding the legal insufficiency of the crime against the right to honour and good name from slander

• Հիմնական հեղինակ: Jaramillo Hurtado, Xavier Israel (author)
• Ձևաչափ: bachelorThesis
• Լեզու: spa
• Հրապարակվել է: 2015
• Խորագրեր: REFORMAR EL ART.182 DEL CÓDIGO ORGÁNICO INTEGRAL PENAL; DEFINICIÓN DE DELITO; DEFINICIÓN DE HONOR; LA INJURIA
• Առցանց հասանելիություն: http://dspace.unl.edu.ec/jspui/handle/123456789/8522