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La comunicabilidad en los delitos de calidad tipo que contempla nuestra legislación penal Ecuatoriana
| Content Provider | Semantic Scholar |
|---|---|
| Author | Castillo, Narcisa Del Lourdes Acaro Jumbo, Martha Elizabeth Jaramillo Troya, Mercy Lucia Jiménez |
| Copyright Year | 2010 |
| Abstract | Our research work includes the communicable study which is a fundamental principle to be taken in account at the moment of punishing the participation of the individual in a transgression. For that, it´s required that the responsible person responds to a determined quality and characterizes the transgressions of the type-quality. It´s necessary to start from the acceptance that doing a transgression act jointly determined circunstances in respect of some of the participants, not all of them. Obviously, if all these circunstances are considered separately, they will act in favor of a different punishment for each participant. The problem appears when determining the transgression as a result of a common fact either objective or subjective aspect, these circunstances affect to all participants or it should be considered only for the ones whose participation concurs directly. Exists the necessity that in all type-quality transgressions that contemplates our Ecuadorian Penal Legislation, it sanctions to the participants based on the communicable principle, when they have known the aggravative that characterizes the transgression. For the factical convergence of the intention makes the responsibility can go by knowledge of each one has about the nature of the fact and circunstances. The no application of the communicable principle blocks a sanction according to the punible serious fact that has been committed and the person has participated being aware of the graveness of it. It generates a social problem because the society is threatened by these transgressions that demand special qualities of the individuals that commit them. It has been established a punishment for them, but it doesn’t exist a way to entail the participants of these facts. That’s to say, the punishment can’t be proportional to the act taking in account the seriousness of it. Our proposal raises that the responsible individuals of the type-quality transgressions must be sanctioned with the same punishment like the Republic Constitution punishes the peculado, cohecho, concusion and illicit enrichment; that’s to say, it must include transgressions like parricidio, uxoricidio, infanticidio because of the seriousness and social alarm that it causes. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://dspace.unl.edu.ec/jspui/bitstream/123456789/8164/1/Narcisa%20del%20Lourdes%20Acaro%20Castillo..pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
