El procedimiento abreviado y la suspensión condicional de la pena: Análisis de la sentencia No. 50-21-cn/22, bajo un enfoque del principio universal de favorabilidad
The present nominee title work "The abbreviated procedure and the conditional suspension of the sentence: analysis of the Sentence No. 50-21-CN/22, under an approach of the universal principle of favourability", delves into the analysis of said sentence, focusing on the application of the...
محفوظ في:
| المؤلف الرئيسي: | |
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| التنسيق: | masterThesis |
| اللغة: | spa |
| منشور في: |
2023
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| الموضوعات: | |
| الوصول للمادة أونلاين: | https://dspace.unl.edu.ec/jspui/handle/123456789/28405 |
| الوسوم: |
إضافة وسم
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إضافة وسم | الملخص: | The present nominee title work "The abbreviated procedure and the conditional suspension of the sentence: analysis of the Sentence No. 50-21-CN/22, under an approach of the universal principle of favourability", delves into the analysis of said sentence, focusing on the application of the universal principle of favorability in the framework of the abbreviated procedure and conditional suspension of the sentence. The proposed objectives are: to establish the existence or not of a violation of rights by denying the conditional suspension of the sentence, in light of the application of Resolution 02-2016; analyze the right to legal certainty as a guarantee of knowledge of the legal consequences of actions or omissions on an express mandate, when issuing resolutions that violate basic guarantees, and analyze whether the principle of favorability entails an essential guarantee of the right to due process , which does not preclude the conditional suspension of the sentence when processed in an abbreviated procedure. This ruling declared Resolution of the National Court of Justice No. 02-2016 unconstitutional, which established that within the abbreviated procedure it was not possible to request a conditional suspension of the sentence, since this could be understood as a double benefit to the sentenced. However, the constitutional judgment ended by establishing that favorability is a guarantee of the right to due process and, as such, it cannot be ignored in any scenario in which its application is necessary to ensure the validity of a fair order. Therefore, the importance of guaranteeing legal certainty to contribute to the efficiency and effectiveness of the legal system, through clear and predictable laws that allow disputes to be resolved efficiently. |
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