LA SUSPENSIÓN CONDICIONAL DE LA PENA EN EL DELITO DE ESTUPRO, PARA GARANTIZAR LA REPARACIÓN INTEGRAL DE LA VÍCTIMA Y EVITAR LA APLICACIÓN DE PENAS PRIVATIVAS DE LIBERTAD INNECESARIAS

The present thesis named: “Conditional Suspension of the Penalty in the crime of statutory rape, to guarantee the integral recovery of the victim and to avoid the application of unnecessary prison sentences", the non-application of the Conditional Suspension of the Penalty in the crime of statutory rape implies that a series of injustices may occur, such as not providing timely and effective comprehensive recovery to the minor victim; also for the person condemned to a custodial sentence many unnecessary times for having committed this crime, this in the case of a person of legal age who lacks of danger and criminal records, being maliciously accused; and to the State, for wasting a certain extent of economic resources, when trying to rehabilitate and socially reinsert the offender in prison centers. The prohibition that the Conditional Suspension of Sentence does not proceed in crimes against sexual and reproductive integrity, violence against women or members of the family nucleus as prescribed by numeral 4 of article 630 of the Integral Organic Penal Code, is established in a Such a generalized way, since there may be exceptions, one of them being the crime of statutory rape. So that the conditional suspension of punishment can proceed in the crime of rape, it can be a solution to a series of injustices already mentioned, thus generating a series of benefits, such as a timely comprehensive recovery of the victim, that the person sent to a custodial sentence may meet his sanction without being isolated in a prison, complying with a series of conditions established in the criminal law and enjoying his fundamental rights such as freedom and work, rehabilitating and reinserting himself to society in a better way, without wasting economic resources 5 from the State, of course, once the judge considers that the Suspension Condition may or may not proceed with the judgment in said crime. Likewise, materials were used to develop the present research work, and in the same way different methods and techniques were applied, such as surveys and interviews, whose results have helped me to propose a legal reform project to the Organic Comprehensive Criminal Code, to guarantee the rights of the victim and benefit in a certain way for the person condemned, who deserves it.

• 1. Verfasser: Luzuriaga Betancourt, Paúl Armando (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2019
• Schlagworte: DERECHO; DELITO DE ESTUPRO; PENAS DE LIBERTAD
• Online Zugang: http://dspace.unl.edu.ec/jspui/handle/123456789/21874