Reformar los artículos 59, 61, 63, 65 y 66 del reglamento de disciplina de la policía nacional, por cuanto violan el debido proceso y el derecho a la defensa en las investigaciones interno administrativa

Through the story is known to all police institutions, general aim provide security to citizens, so that the National Police of Ecuador, has been institutionalized March 2, 1938, since that time has been providing its internal security service, police career began with the call and ends with the fall of the institution and may be voluntary redundancy, for breach of the Act, for retirement. Within the police profession must fulfill its stated mission of the Constitution of the Republic of Ecuador, Article 173, which is to address public safety and public order, while police members are public servants, perceiving their remuneration State therefore have the same rights and obligations as any public servant, as such, must give their service to the community under the principles, efficiency, effectiveness, devolution, decentralization, coordination, participation, transparency; if not heeded the legal, administrative, subject to criminal or civil action which may arise from the same fact, be punished as indicated by the sanction of the National Administrative Law, Police constant on one side and Personal Law the other in the Rules of Discipline; such disciplinary sanctions, are in many cases unconstitutional, illegal, unlawful, violate basic standards of due process; among these, the right to defense, because a number of disciplinary sanctions are applied directly by the immediate superior sanctioned; while others are later issued an investigative report by the staff of Internal Affairs; within the probes, thus violating basic principles of a sanction or procedure: such as the notification of the initiation of the administrative investigation, the presumption of innocence, what is more, there is an oral hearing at which they can formulate and prosecute tests Based on the principle of contradiction; as well as to the sanction referred arrest is custodial, which undermines the right to freedom, not taken into account only by court order and issued by an Administrative Body of Judicial Justice, he could deprive freedom a human being; a fortiori, it is inconceivable that a police server deprives him of freedom under arrest applying, rules under Regulation Discipline; therefore, urgently needs to be reformed the regulation, which in effect is contrary to the constitutional standards; and that data from the August 7, 1998; prior to the effective date of our current Exceeds Standard; the reform proposed in this research work, having repealed the arrests, service charges, repression and called fascines being necessary; thus on one side will be allowed to rationalize the system of sanctions, so that rights are not violated or gendarmes their physical and moral integrity is affected; moreover the legal security and job stability is ensured, since the arrests leads to relapse and may be dismissed from the institution.

• Main Author: Yanqui Crespo, Edgar Gerardo (author)
• Format: bachelorThesis
• Language: spa
• Published: 2015
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/16780