Análisis jurídico y doctrinario al Artículo 424 del Código Orgánico Integral Penal, respecto a vulneración de derechos que representa la exoneración de la obligación de denunciar delitos especialmente los de carácter sexual dentro del entorno familiar.
Exemption from reporting means that individuals are not legally obliged to report offences committed by their spouse, stable partner or relative within the fourth degree of consanguinity or the second degree of affinity. In such cases, the members of the family who fall within these degrees of kinsh...
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| Format: | bachelorThesis |
| Idioma: | spa |
| Publicat: |
2025
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| Matèries: | |
| Accés en línia: | https://dspace.unl.edu.ec/jspui/handle/123456789/31888 |
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Afegir etiqueta | Sumari: | Exemption from reporting means that individuals are not legally obliged to report offences committed by their spouse, stable partner or relative within the fourth degree of consanguinity or the second degree of affinity. In such cases, the members of the family who fall within these degrees of kinship are not obliged to report the offence to the authorities. The purpose of this study is to analyze the impact of this legislation on the protection of fundamental rights. The lack of a legal obligation for the reporting of crimes, especially crimes against sexual and reproductive integrity within the family, creates significant barriers to justice for victims. Current criminal legislation does not legally oblige family members to report crimes committed within the family when the perpetrator is a household member. Therefore, an exception should be made to protect the rights of victims, who the majority of victims are children and adolescents. The duty to report should not be universally excluded; instead, the exemption should be limited to spouses, stable partners, and relatives up to the second degree of consanguinity and affinity. Similarly, the exemption from the obligation to report must not apply when the persons involved in the commission of an offence within the family unit are direct relatives of the reporting party. As a result, the aim of this study is to provide access to justice for the victims of crimes committed in the family environment, in particular those relating to sexual and reproductive integrity, in which children and adolescents are the main victims. Therefore, its purpose is to guarantee a more comprehensive protection of the rights established by the Constitution of the Republic of Ecuador and the Comprehensive Organic Criminal Code for crime victims. |
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