Browsing by Author "Arias Inga, Ángel Guillermo"

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    Proporcionalidad y pena en los delitos de robo: Cuenca 2014 - 2016
    (2019-08-06) Arias Inga, Ángel Guillermo; Verdugo Silva, Julio Teodoro
    The research that I will cover, consists of the analysis of the proportionality or not of the custodial sentence imposed in the crimes of robbery with threats or violence, when there is at least an aggravating circumstance not constituting the infraction, in order to verify if the penalty imposed keeps harmony with the Constitution. To do this, I will review the documents of the debate of the Ecuadorian Constitution of 2008 and the Código Organico Integral Penal (COIP) regarding the issues that concern us. Then, I will consider the doctrinal contributions that exist about the proportionality of sentences in relation to the crime of theft. Finally, I will study the judgments handed down by the judges of the Criminal Unit of Cuenca, in the period from August 2014 to July 2016; and, in the case, of the legal operators that knew the cases studied, they will be interviewed. This issue is derived from the first line of research called Ecuadorian Criminal Law, which is part of the subline General Criminal Law, which contains a more specific subline called the principle of proportionality of punishment.