Exención de responsabilidad penal por la retractación del autor de calumnia antes de proferirse sentencia ejecutoriada

Art. 66 numeral 18 of the Constitution of the Republic of Ecuador, it recognizes and guarantees people the right to honor and good name, a principle that is recognized in Art. 11, paragraph 2 of the American Convention on Human Rights, the right to honor, no one shall be subjected to arbitrary or abusive interference with his private life, his family, home or correspondence, nor to unlawful attacks on his honor and correspondence. That being the right to fundamental human rights and honor, principle must be properly regulated in criminal law for respect for the dignity of persons. Art. 182 of the Code Integral Criminal criminalizes and punishes slander, as behavior in which a person, knowing a fact that is not true makes it a false accusation of a crime of another person, a fact that offends the person for having missed his honor and reputation, a crime that the private prosecution continues because it is an issue that have affected the legal right that binds only the parties, and is not an action that may lead to social upheaval, so the action it is purely private. This provision exempts from criminal liability, if the author of injury retract the slander before the sentence was ejecutoríe, provided that the publication of the withdrawal is made at the expense of responsible compliance with the same manner and with the same characteristics that the imputation spread. But it is the case that since the crime was committed, being recantation a way to avoid criminal liability that the conviction has determined the criminal court is satisfied, it receives the injured are public apologies, but since the crime was committed, which has affected the integrity and good name, its consequences not only falls on his person but in his family, and in the main to their children, who are indirectly affected, but with irreparable social consequences, because they could receive discrimination by of his friends, why not just enough recantation, but in this case should be compensated repair damage caused by the consequences that entails the crime of libel. The right to reparation initially enjoyed by victims of crime, as will reflect the Art. 11 paragraph 2 of the Comprehensive Organic Code of Criminal Procedure, as the adoption of mechanisms for full compensation for damages including, without delay, knowledge of the truth of the facts, the restoration of injured right, compensation, guarantee of non-repetition of the offense, satisfaction violated law and any other form of additional repair justified in each case.

• Автор: Calva Castillo, Darío Xavier (author)
• Формат: bachelorThesis
• Мова: spa
• Опубліковано: 2017
• Предмети: DERECHO; EXENCIÓN; RESPONSABILIDAD; AUTOR
• Онлайн доступ: http://dspace.unl.edu.ec/jspui/handle/123456789/19793