Facultad de Jurisprudencia y Ciencias Políticas y Sociales Tesis Maestrías

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Caso Damián Peña y la ejecución extrajudicial
(Universidad de Cuenca, 2021-10-14) Aguilar Loayza, Andrea Johanna; Valdivieso Vintimilla, Simón Bolívar
In this thesis work, the “Damián Peña” case is analyzed with the aim of being able to determine, based on the universe of norms that make up our legal system, if the death of a young man present in the demonstrations that took place in this city of Cuenca On January 11, 2002, a crime was committed which, at the time of the events, was not classified in the Penal Code. The defendant is the National Police Corps in the person of Captain Pablo Inga. Initially, charges are formulated and the trial hearing is reached for the crime of preintentional homicide, however, and taking into account the status of a member of the National Police at the last minute, it is intended to change the criminal type and taking into consideration that The Ecuadorian State is part to the American Convention on Human Rights. It is sought to apply a figure of EXTRAJUDICIAL EXECUTION. Within the conclusions of this thesis work, and after an exhaustive analysis of the particular case, as well as the current criminal type of extrajudicial execution, it is reasonably possible to understand that this last legal figure cannot be applied to the specific case