El contrabando fronterizo de hidrocarburos y la tipificación de la sanción prevista en el art. 265 del código orgánico integral penal
The Code of Criminal Integral in Book I, Title IV, Chapter Five, Article 265, first paragraph states: "A person who, in the border provinces, seaports, river ports or territorial sea, store, transport, packaging, market or distributed without proper authorization, oil products including liquefi...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2016
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| Subjects: | |
| Online Access: | http://dspace.unl.edu.ec/jspui/handle/123456789/17375 |
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Add Tag | Summary: | The Code of Criminal Integral in Book I, Title IV, Chapter Five, Article 265, first paragraph states: "A person who, in the border provinces, seaports, river ports or territorial sea, store, transport, packaging, market or distributed without proper authorization, oil products including liquefied petroleum gas or biofuels, shall be punished with imprisonment from five to seven years. " This subsidy because the price of fuel has made the northern and southern border smuggling proliferate; but the penalty provided in the same prison term is not defined properly and reform is essential; why this topic of study and research, which has the same overall objective was chosen: review and reform the classification of the sanction considered for the crime of smuggling oil in Article 265 of the Code of Criminal Integral; likewise the following specific objectives: Analyze and characterize Article 265 of the Criminal Code of Integral. Determine whether the penalty considered for the crime of smuggling oil in Article 265 of the Code of Criminal Integral is properly characterized and if it meets the general principles of this policy instrument. Propose an amendment to the penalty considered for the crime of smuggling oil in Article 265 of the Code of Criminal Integral, which meets the general principles of equality, motivation and objectivity. To develop the specific objectives we use several methods, such as scientific, analytical, inductive and deductive, plus several techniques such as direct observation, interviews and the survey was handled; same that allowed us to gather relevant information for this research. For the development of this thesis, I surveyed 50 professional free exercise of the right to know their opinion about the problems in analysis, thereby obtained information relevant than tabulated, it was performed in the same statistical tables and interpreted; also the most important cases related to this study, after that conceptual and legal theoretical information was compiled, which allowed us to compare the results and make a proposal to amend the penalty considered for the crime of smuggling oil in article analyzed Integral 265 of the Code of Criminal Procedure, which meets the general principles of equality, motivation and objectivity. Finally the most important conclusions and recommendations that helped to determine the results of this investigation were determined. |
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