Insuficiencia legal en la aplicación de la Conciliación, articulo. 663 del Código Orgánico Integral Penal, respecto a la limitación de su aplicación en las personas que se benefician por más de dos veces con esta alternativa
In the present research entitled "LEGAL INSUFFICIENCY IN THE APPLICATION OF CONCICILIATION, ART. 663 OF THE INTEGRAL PENAL ORGANIC CODE, REGARDING THE LIMITATION OF ITS APPLICATION IN PEOPLE WHO BENEFIT MORE THAN TWICE WITH THIS ALTERNATIVE", constitutes as a main part to analyze the conse...
Kaydedildi:
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| Materyal Türü: | bachelorThesis |
| Dil: | spa |
| Baskı/Yayın Bilgisi: |
2023
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| Online Erişim: | https://dspace.unl.edu.ec/jspui/handle/123456789/27764 |
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Etiketle | Özet: | In the present research entitled "LEGAL INSUFFICIENCY IN THE APPLICATION OF CONCICILIATION, ART. 663 OF THE INTEGRAL PENAL ORGANIC CODE, REGARDING THE LIMITATION OF ITS APPLICATION IN PEOPLE WHO BENEFIT MORE THAN TWICE WITH THIS ALTERNATIVE", constitutes as a main part to analyze the consequences of the application of conciliation in people who benefit more than twice. For this reason I can state that, within this research work based on Ecuadorian laws, the legal figure of conciliation is found as an alternative measure of conflict resolution, which through case studies we can substantiate the lack of limitation that exists of this legal tool by the same offender, resulting in excessive or improper use. Based on the above, we can define conciliation as a legal tool in which both parties have to reach an agreement for the settlement of the conflict, for conciliation to be given as the most important requirement is that both parties agree and that these conflicts are proceeding to conciliation. Another important point to mention is recidivism as this is defined within Art. 57 of the Organic Integral Penal Code as: "(...) the commission of a new offence by the person who was convicted by an enforceable judgement. (...)". Ascribed an aggravated penalty in one third of the maximum provided as appropriate to the criminal type identified. And according to the criteria introduced by the Organic Law Reforming the Organic Integral Criminal Code of December 24, 2019, the following paragraph was inserted: The recidivism will only proceed when it is the same criminal offense or has been violated against the same protected legal right in which case the elements of fraud or guilt must coincide. Given these clarifications I have allowed myself to study and investigate from the historical field of conciliation, the theory of crime which is an important section to understand how it is typified and what requirements it has to have so that it can be called a crime. |
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