Sanciones pecuniarias como pena accesoria en la adaptación del procedimiento abreviado
The development of the present work of curricular integration, entitled "Pecuniary sanctions as an accessory penalty in the adaptation of the abbreviated procedure", is based on the legal and doctrinal analysis where we will discuss whether the fine imposed by the judge should be in accord...
Wedi'i Gadw mewn:
| Prif Awdur: | |
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| Fformat: | bachelorThesis |
| Iaith: | spa |
| Cyhoeddwyd: |
2023
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| Pynciau: | |
| Mynediad Ar-lein: | https://dspace.unl.edu.ec/jspui/handle/123456789/26859 |
| Tagiau: |
Ychwanegu Tag
Dim Tagiau, Byddwch y cyntaf i dagio'r cofnod hwn!
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Ychwanegu Tag | Crynodeb: | The development of the present work of curricular integration, entitled "Pecuniary sanctions as an accessory penalty in the adaptation of the abbreviated procedure", is based on the legal and doctrinal analysis where we will discuss whether the fine imposed by the judge should be in accordance with the penalty when the defendant is submitted to the abbreviated procedure as a means to comply with constitutional principles such as equality, proportionality, simplification and legal certainty that seek to protect the right to due process of the accused. The defendant voluntarily decides to use the abbreviated procedure based on these principles, which are closely related to the principles of efficiency, speed and procedural economy that seek to obtain results in a short time. The abbreviated procedure is also considered as one of the alternatives to the ordinary procedure. The prosecutor's office has the power to conduct a pre-procedural or criminal procedural investigation at the request of a party or ex officio, guided by the principles of minimum intervention and opportunity. Once the defendant voluntarily requests the Prosecutor to accept the abbreviated procedure, and asks for a quick sentence, ceasing the right to present evidence, justice will take it as an aid to save time, and state expenses involved in the mobilization of evidence in a trial, the defendant has as a reward for accepting this procedure a minimum penalty and very beneficial for his part. The reward received by the defendant is based on the reduction of his corporal punishment, but there is a legal loophole based on the reduction of the pecuniary punishment, there is no legal basis that sustains that the defendant at the moment of voluntarily accepting the abbreviated procedure the pecuniary punishment should also be softer or more benign. In this Curricular Integration Work, materials and methods were applied which allowed the development of the research; interviews and surveys were conducted with legal professionals, specifically in the branch of Criminal Law, results that served to verify the main and specific objectives, oriented to the need to consider the reduction of the pecuniary penalty in the abbreviated procedure. |
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