Reformas a la constitución de la república del Ecuador para establecer un régimen de control temporal de las personas absueltas dentro de procesos penales
The Constitution of the Republic of Ecuador, when talking about to the rights of protection or jurisdictional trusteeship that is recognized all the national or foreign people, establishes like fundamental principle the equality of rights and guarantees for the intervening procedural parts in litiga...
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| Format: | bachelorThesis |
| Jezik: | spa |
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2011
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| Online dostop: | http://dspace.unl.edu.ec/jspui/handle/123456789/20002 |
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Označite | Izvleček: | The Constitution of the Republic of Ecuador, when talking about to the rights of protection or jurisdictional trusteeship that is recognized all the national or foreign people, establishes like fundamental principle the equality of rights and guarantees for the intervening procedural parts in litigations of any nature, guaranteeing therefore an effective regime of legal security that protects the interests and rights of the people. Against this background article 75 of the Constitution of the Republic prescribes that the justice administration must be impartial, expeditious, effective and efficient in all the procedural stages and instances, governing principles that must hold fast through the diverse guarantees recognized by the had process. Nevertheless, the modern tendencies that have impelled the respect and unrestricted use of had the procedural penitentiary like means to legitimize to the administration of preprecautionary justice and the integrity of the processings, question that is necessary to avoid the arbitrary and irrational abuses of office, has taken to us towards an exaggerated protection of the rights of the presumably delinquent ones and has left in a luck of relegation and procedural disadvantage to the victims of the crime and the society generally, who nowadays feel unprotected by the effective procedural system. The present work of legal investigation titled “REFORMS TO the CONSTITUTION OF the REPUBLIC OF ECUADOR TO ESTABLISH a TEMPORARY CONTROL MODE OF the PEOPLE ACQUITTED WITHIN PENAL PROCESSES”, is oriented the study and analysis of this delicate procedural dichotomy, that although it looks for to safeguard the rights of the actionable ones, has brought about on the other hand an atmosphere of social dissatisfaction by the reaches that some of those guarantees, that they have superposed in rights to the processings with respect to the citizenship; in special form the study will concentrate to the right recognized the immediate freedom, prescribed in ordinal 10º of article 77 of the Constitution of the Republic, to which I consider too ample and unconditional, because it allows that the guilty of a crime have all the facilities to flee and to become fugitives of justice. The aim that I persecute, is by means of a proposal of reform to the article indicated above, to establish to the people acquitted penal, the obligation to subject to a temporary control of authority, as long as they will be pending consultations or resources opportunely interposed, until its innocence is corroborated or its culpability is declared, which will help to assure the appearance to the fulfillment the pain, in the possible case that the acquittal will be revoked. |
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