Tipificación y sanción de pronósticos deportivos, actividades de azar por medio de plataformas virtuales en la legislación penal ecuatoriana.

This Degree Project is entitled: "Typification and punishment of sports betting, gambling through virtual platforms in the Ecuadorian criminal legislation", and its interest to develop was due to the realization of a study in view of the growth of virtual platforms where they offer differe...

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Dettagli Bibliografici
Autore principale: Ortega Mora, María Joaquina (author)
Natura: bachelorThesis
Pubblicazione: 2023
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Accesso online:https://dspace.unl.edu.ec/jspui/handle/123456789/26880
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Riassunto:This Degree Project is entitled: "Typification and punishment of sports betting, gambling through virtual platforms in the Ecuadorian criminal legislation", and its interest to develop was due to the realization of a study in view of the growth of virtual platforms where they offer different entertainment services, today is very common in our society and not only nationally, but also internationally, causing a direct impact on health, also affecting the emotional stability and the integral development of children and adolescents, thus violating their best interests. The study shows that article 236 of the Organic Integral Penal Code stipulates the crime of casinos, gambling halls, betting houses or businesses dedicated to gambling, which prohibits their administration and operation in physical establishments, and is punishable with a prison sentence of one to three years. Therefore, it is clear that its sanction has been foreseen in the criminal law for physical establishments, but no regulation has been stipulated for this activity when it is carried out through technological means, so that the lack of restriction and sanction for this conduct has led to the transgression of the rights of children and adolescents, which does not allow them an integral development and affects their emotional stability; In addition, the rights of consumers are also affected, since they are not receiving a quality service, and the fundamental rights in general of all citizens by threatening the life and health of people, due to the fact that this conduct is not taxatively considered a crime, and that is why the different virtual platforms continue to grow and the rate of patients with pathological gambling continues to increase. Thus, this research is aimed at the development of a draft reform of the Comprehensive Organic Penal Code, which also punishes gambling activities 4 through virtual platforms and thus to ensure the rights of people established in the Constitution of the Republic of Ecuador. In this degree work, a critical and proactive approach was used through a doctrinal and normative study, where materials and methods that allowed the completion of the research were applied, as well as the technique of surveys and interviews, which were applied to law and psychology professionals, The results were of great help in order to propose the Legal Reform Project to the Organic Integral Penal Code, with the purpose of incorporating an innumerate in article 236 to guarantee the fundamental rights of the people, especially of the most vulnerable such as children and adolescents and thus to make effective their best interest that is being violated by these frequent acts that do not restrict their use to minors.