Reforma al Código Orgánico Integral Penal con la Incorporación de un Tipo Penal al Catálogo de Delitos Contra la Integridad Personal, Referente al Contagio de Enfermedades Transmisibles e Incurables cuando exista Conocimiento e Intención de Producirla

This thesis entitled "Reform Of The Comprehensive Criminal Organic Code With The Incorporation Of A Criminal Type To The Catalog Of Crimes Against Personal Integrity, Regarding The Contagio Of Communicable And Incurable Diseases When There Is Knowledge And Intent To Produce It", refers to the problem, that currently affects the society in common among it that of our environment, the acquisition of a disease is usually by factors external to the will of the person, nobody ever wants to get sick but our body is not physically prepared not to do so. However, there are behaviors that lead the person to risk contracting a disease, including those of work, but a behavior is born that by its effects becomes criminal and deserves a penalty, this is the infection of an incurable disease, but with the intention of doing so, the one that affects direct protected legal assets such as physical and personal integrity, especially the fundamental protected legal right that is life, and since there is no legal classification of the same, it generates an imminent violation of the rights mentioned above. Within this thesis the general objective was to carry out a doctrinal and legal conceptual study on the violation of the right to physical integrity, with the contagiousness of communicable and intentionally incurable diseases, and the specific ones that are: demonstrating the need to regulate and to typify the contagion with intent of transmission and incurable diseases within the Comprehensive Organic Penal Code, the Identification of what rights are violated in people, since there is no typification that sanctions the 5 transmission of incurable diseases with intentionality. To elaborate a project of legal reform to the Integral Organic Penal Code where the contagion of the disease with the intention of contagion is incorporated as a crime. The following hypothesis was proposed. the non-existence of a criminal offense that sanctions the intentional transmission of incurable and transmissible diseases violates the rights, life, physical integrity and health of the contagious person, for which methods, interviewing techniques and surveys were applied all this served to formulate the proposal of reform to the Integral Organic Penal Code, establishing the need to incorporate after article 152 as an autonomous crime the contagion of incurable diseases with the intention of carrying it out. This in order to guarantee primarily the protected legal right that is the life established in our constitution as fundamental right of the people, guarantee the right to physical and personal integrity, health and a dignified life established as rights of good living . To achieve the fulfillment of these rights is necessary and that they are not violated with this criminal behavior is necessary the creation, nesting and application of this reform proposal

• 主要作者: Castillo Peña, Héctor Xavier (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2018
• 主題: DERECHO; COIP; INTEGRIDAD PERSONAL; ENFERMEDADES TRANSMISIBLES
• 在線閱讀: http://dspace.unl.edu.ec/jspui/handle/123456789/20923