Los derechos de la víctima y procesado para regular la aplicación del principio de oportunidad. análisis en el Cantón Quinindé (2016-2020).
The investigation started with the objective of analyzing the rights of the victim and prosecuted to regulate the application of the principle of opportunity. Analysis in the Quinindé canton (2016-2020). The study methodology relied on a mixed approach (qualitative and quantitative). The level of re...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Ecuador |
| Institución: | Universidad de Otavalo |
| Repositorio: | Repositorio Universidad de Otavalo |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/804 |
| Acceso en línea: | http://repositorio.uotavalo.edu.ec/handle/52000/804 |
| Access Level: | acceso abierto |
| Palabra clave: | Derecho Penal Víctimas Procesado Oportunidad |
| Sumario: | The investigation started with the objective of analyzing the rights of the victim and prosecuted to regulate the application of the principle of opportunity. Analysis in the Quinindé canton (2016-2020). The study methodology relied on a mixed approach (qualitative and quantitative). The level of research was descriptive and the exploratory, documentary and field type. The information collection technique was carried out through checklist techniques and interviews with prosecutors of the canton. The results showed that around this principle, the lack of knowledge and training of the prosecutor's representatives, which means that this principle is not applied optimally and that cases remain unresolved on the fiscal hangers, inducing procedural congestion. and timely customer service. The data shows that of 1,406 complaints for completed criminal offenses within which it would be worth applying the principle of opportunity, only 7% have applied it, that is, 92 cases, of which in the first instance some suffer from anomalies around discernment and to legality control. It is concluded that the Ecuadorian legal system has echoed this and in the Comprehensive Criminal Organic Code (COIP), as a methodical penal code. On the other hand, it is highlighted that criminal prosecution cannot be indefinite, both because of the expense that it would tolerate, as well as because of the oppression that could exist for the right of presumption of innocence of those who are investigated. |
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