Reformas jurídicas a la figura de abigeato respecto a la tipificación y penalización de la sustracción de ganado vacuno caballar y lanar

Undoubtedly , as a result of the sustained increase in crime experienced by different societies today , especially in the areas of organized crime, property crimes , environmental and socio-economic order against , among others , the national criminal systems are presented as the first solution to address this phenomenon , which has become apparent from the inclusion of new offenses or aggravation of penalty disproportionate criminal frames for many of the existing ones , which further affirms the role of criminal law as a mechanism for crime control and at the same time, solving social conflicts over employment of other formulas that might be less harmful to the individual interests and societies in general. Such changes take place in the special part of criminal law , as it is known , is intended for the enumeration of the definitions of crime and the provision of appropriate penalties for those who carry . Apparently , the general part of criminal law has reached a level of development and development that meets the most demanding concerns about its applicability , so that it is now working in the special part of criminal law that certainly has been the less treated in the various studies on this branch of the legal order has been made. The undeniable expansion of criminal law has been characterized , among other manifestations, a significant increase in those prohibitions , the contents of illegality is founded on the possibility of its realization endangerment of a legal right is derived ; that is, there has been a worrying increase in property crimes called in contemporary criminal codes , showing at least the possibility of imposing a criminal penalty, as opposed to the idea that the criminal law must always answer all those cases of a fault whose verification and important result for any social interest is apparent , as required by the so-called principle of offensiveness or protect legal rights and advocates the proper use of the criminal law from the social significance of certain behaviors for collective or individual interests guaranteed by special system of rules . In short , we are witnessing these days a significant increase in the so-called punishable area, with consequent damage to individual freedom and we are worse, relatively unfamiliar with the idea of minimal intervention of criminal law , in spite the theoretical development experienced as important limitation to the right to punish and also purpose of the multiple questions about the effectiveness of criminal solutions to some offenses worth noting that is not in proportion to the offense ; and in other cases as the penalties for crimes of rustling subject of this investigation is not legally considered the amount of stolen cattle. In this regard, we must remember that the use of the criminal law should always be justified from the damages that are experiencing legal rights as a result of the conduct described in the criminal, especially if we consider that the protection of such property the main task that must satisfy the criminal law as parcel of the legal system in any society. Still, there is a consensus around the idea that the criminal law should apply not only to respond to criminal acts effective realization of injury or material prejudice to the interest ; you must also serve to address certain behaviors without causing a physical impairment , have demonstrated the real possibility of occurrence of that result , or at least when they can assert their realization possibility, mediately or abstract , a injury to certain social interests , mainly collective or diffuse ownership, as with collective security to cite just one example of this type of social interests. That is why in any literature of Criminal Law , provided that pretend to remember the essential foundations of the offense , we find the explanation that depending on the outcome of behavior is possible to affirm the existence of crime and crime damage danger, and which in turn become the modalities of the effect or alteration in the legal rights causes relevant criminal action , which is the result of development achieved by the theory of crime and at the same time it is clear expression of the importance that has purchased the analysis of the consequences of human behavior in the current criminal dogmatic science. Without a doubt, the so-called crimes of property damage have deserved more space in the traditional literature on criminal law ; course, this can correspond to the existential foundations of this discipline and the apparent dominance of harmful behaviors on those who only endanger the maintenance of a social interest; consequently, the criminal laws are characterized by containing a greater number of offenses of damage tipicities danger , which allows us to state that both the definition and the interpretation and implementation of the outcome of harm offenses offer less difficulties developing and applicability of those types whose penalty is based on probability, either more or less immediately , a well protected at affectation. Consequently, the Criminal Law extends its punitive barriers to reach distant behavior of the possibility of property damage, which expresses a clear manifestation of the excessive use of this class of legal rules to the detriment of the other possibilities offered. From the above facts highlight the need for further formulation offenses general danger, trying to determine the main regularities of their offense in the criminal code and, above all, the provision of disciplinary frameworks for the punishment of such behaviors, in line with the foundations and limits that justify the existence and applicability of the criminal legal solutions.

• Hovedforfatter: Guerra Iriarte, Guido Washington (author)
• Format: bachelorThesis
• Sprog: spa
• Udgivet: 2014
• Online adgang: http://dspace.unl.edu.ec/jspui/handle/123456789/14864