Ilegalidad por sanciones disciplinarias que incluyen la privación de la libertad en la Policía Nacional del Ecuador, contradice lo estipulado en el art. 10 del Código Orgánico integral Penal

Disciplinary Procedure is a fundamental guarantee for the rule of law. It is embodied in a series of events and tasks that tend to determine the existence of faults and failures of service of civil servants. Also it works, as stated, as a fundamental for state employees are not arbitrarily pursued by security chiefs. This warranty does not exist fully in the labor law and relates especially to the criminal law, but does not belong to that branch of pure punitive Law- Every day we observe in different media, conducting a preliminary investigation or administrative proceedings and, in some cases, is condemned by public opinion before the end of the procedure. The sumariado is innocent until proven otherwise. And in this work we try to highlight these key features The Constitution of the Republic in its Article 160, last paragraph states: "Members of the Armed Forces and the National Police will be judged by the organs of the judiciary; in the case of crimes committed within its specific mission, they will be judged by special courts in police belonging to the same judiciary matter. Disciplinary offenses shall be tried by the competent bodies established by law. " In the same context, Article 188 of the same Constitution, first paragraph states: "Under the principle of jurisdictional unity, Beloved members of the Forces and the National Police will be judged by the ordinary courts. The lack of disciplinary or administrative nature will be subject to its own rules of procedure. " Disciplinary actions are therefore administrative actions with particular characteristics which make the so named "disciplinary administrative law" and can be found in the same similarities to criminal law, that to the extent that the two are independent and autonomous systems, with targets and characteristics such as the preservation of the organization and functioning of institutions and state bodies, as well as the correct behavior of persons responsible for providing the public service. To define the term "disciplinary offense" is necessary to refer to the provisions in Chapter III Fundamental Provisions of Discipline of the National Police, which in Article 9 states:. "Disciplinary offense is any act or omission, typified and sanctioned this regulation, which is not classified as a crime committed by a member of the National Police on active duty, in transition, available; including civilian employees. " The Disciplinary Rules of the National Police, develops various aspects that regulate the activities of its members in the internal administrative level and indicates the penalties which may incur a police server when not meet this standard, but this legislation can not go against constitutional principles or against human rights. The Disciplinary Rules of the National Police of Ecuador, in what refers to disciplinary sanctions, specifically the arrest, understood as "simple sanctioned arrest in the barracks or in any police establishment" contradicts the provisions of the Comprehensive Organic Code criminal, and the Constitution of the Republic, as it violates one of the fundamental rights of people such as the right to freedom without exist due process and the right to defense, is therefore to be held a analysis in the formal and material sense, because through arrest are deprived of freedom to a police server, something that undermines the formal sense of COIP, which refers to the prohibition of any form of detention facilities or places unauthorized legally. Although this regulation was adopted before the current Code of Integral Criminal, it must have been the repeal of any law or disciplinary regulations contrary to this statement, which affirms the need for all laws that fall within the state legal system and these in turn are consistent with the Constitution, which does not happen with the arrests in the National Police of Ecuador. In addition it must be said that the Disciplinary Rules of the National Police under Title VI provides for the classification of disciplinary offenses, defined by: Minor offenses or first class, Serious faults or second class, and, That attempt or third class offenses. Finally, we must say that the object of disciplinary power is the application of a disciplinary measure, this is a penalty. The literature defines the administrative sanction, such as the legal environment aimed at ensuring the administrative order. It is important to indicate that within the institution has regulated the procedure so as to turn to in case of a claim in respect of the imposition of a disciplinary sanction of first and second class, following the respective regulating body in accordance with the established in Title IX, Sec. 84 et seq Discipline of the National Police, which is reflected in Directive No. 2010-001-CG. In order to gauge the behavior of police servants who have committed disciplinary offenses provided for in the laws and regulations Institutional was necessary to perform based on the qualitative and quantitative analysis with actual data of statistical bases of diagnosis and the General Inspectorate the Directorate General of Personnel of the National Police, so that allowed for conclusions about the features that make the dynamics of these anti behaviors and appropriate recommendations are reflected in enabling the development and implementation of plans and projects by the Institution . This study will address the violation of the right to liberty and due process that is generated by the Disciplinary Rules of the National Police of Ecuador, when disciplinary sanctions are applied specifically arrest; These internal regulations of the Police, has an institutional character throughout Ecuador, for which the research, covering procedures for violation of internal rules, in order to analyze whether formally fits and materials to the Constitution and the Penal Code of Integral, with the aim of presenting an amendment to COIP, and remove such sanctions military institutions

• Hovedforfatter: Rodríguez González, Carlos Alberto (author)
• Format: bachelorThesis
• Sprog: spa
• Udgivet: 2015
• Fag: ILEGALIDAD POR SANCIONES DISCIPLINARIAS QUE INCLUYEN LA PRIVACIÓN DE LA LIBERTAD EN LA POLICÍA NACIONAL DEL ECUADOR; SANCIÓN DISCIPLINARIA; EL DEBIDO PROCESO; LEGALIDAD OBJETIVA
• Online adgang: http://dspace.unl.edu.ec/jspui/handle/123456789/8532