La justicia restaurativa en el delito de peculado en Ecuador.

The purpose of this investigation was to analyze the applicability of restorative justice in the crime of embezzlement in Ecuador, as a result of the lack of effectiveness demonstrated by retributive justice at the time of reparation to the State as a victim in this class of crimes that threaten its efficiency, despite the existence in the country of sufficient legal regulations that allow the organs of justice to comply with this purpose, however, its inability to recover arbitrarily disposed of public funds makes it imperative to propose new alternative forms to the ordinary process that are more efficient in complying with the constitutional mandate to compensate for the damage caused to the State that holds the rank of taxable person in this criminal type. The approach was qualitative, the type of descriptive and exploratory research, with the use of the deductive, critical analytical, exegetical method among others. Two interviews with five questions were applied to professionals from the Attorney General's Office. The results allowed us to conclude that restorative justice is likely to be applied within the execution of the sentence; as well as its application of an alternative mechanism that, through the voluntariness embodied in a prior negotiation between the State and the sentenced official, would allow the recovery of public funds from an approach other than state coercion in exchange for real benefits in favor of the sentenced person.

• Päätekijä: Delgado, Richar N. (author)
• Muut tekijät: Placencia, Jairo R. (author)
• Aineistotyyppi: masterThesis
• Kieli: spa
• Julkaistu: 2022
• Aiheet: Derecho Penal; Restauración; Peculado; Justicia
• Linkit: http://repositorio.uotavalo.edu.ec/handle/52000/863