La acumulación de penas en la reincidencia en el sistema jurídico penal ecuatoriano

Recidivism is the repetition of criminal conduct that aggravates the penalty. To have recidivism is necessary that the previous act has been sentenced to imprisonment, and that the sentence is enforceable. Many authors question recidivism as a factor of aggravation of the crime, because it worsens the conviction of someone who tends to fall into crime by adding issues unrelated to the current fact typified. Criminal recidivism does not support any mitigating or allow humane punishment but instead returns to severe punishment for the accused, increasing its danger and revenge against society by social discrimination that suffers and above all by the condition to individual freedom. The penalty is the legal consequence arising from the Commission of an offence. The penalty imposed by the criminal court judges when it has managed to prove that the person is responsible for the Commission of a crime. The imposition of the penalty imply the deprivation of liberty and restriction of rights for the sanctioned. As it was previously mentioned on security measures there is not a criminal offense. The article 57 of the criminal code, gives a brief conceptualization of recidivism to establish that “ There are recidivism when the culprit to commit a crime after having committed an earlier one, for which he received conviction sentence ” Thus the Ecuadorian criminal law has many similarities with some criteria announced writers set out to consider criminal recidivism is returning to commit the offender after having been sentenced with a penalty of imprisonment or detention by a previous or previous offense. I consider that criminal recidivism constitutes a reiteration of criminal behavior based on the commission of a new offense after a person has been punished with same sentence that has been fulfilled, within a certain period of time. The criminal recidivism tends to be considered in our criminal committed as an aggravating factor in the crime and for which is imposed a punishment greater than that received in the first sanction.

• 第一著者: Barba Bermeo, Yolanda Abigail (author)
• フォーマット: bachelorThesis
• 言語: spa
• 出版事項: 2014
• 主題: DERECHO
• オンライン･アクセス: http://dspace.unl.edu.ec/jspui/handle/123456789/15911