Browsing by Author "Palacios Moreno, Diego Mauricio"

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Compliance Program: alcance y conflictos normativos que presenta dentro del Código Orgánico Integral Penal
(Universidad de Cuenca, 2025-03-05) Muñoz Astudillo, Angélica Fernanda; Palacios Moreno, Diego Mauricio
Following the doctrinal stance of considering the criminal liability of legal entities, the need arises to develop a culture of regulatory compliance. This is where the Compliance Program emerges, as a preventive method aimed at ensuring that companies operate in accordance with current regulations. This concept was introduced in the Comprehensive Organic Criminal Code in 2021 as a means of mitigating penalties. However, the lack of specific regulations within the same Code has led to legal uncertainty, limiting the applicability of the Compliance Program. Therefore, this research will focus on determining the scope of this concept in our legislation in the face of potential regulatory conflicts.
Conducta delictiva de niños y jóvenes: ¿Es necesario endurecer las penas contra los menores de edad?
(Universidad de Cuenca, 2023-08-21) León Robles, Elizabeth del Carmen; Palacios Moreno, Diego Mauricio
The ecuadorian society lives in a constant alert because of the violence and indiscriminate criminality that occurs every day in the country, the social alarm increases when there is participation of minors involved in criminal acts, Therefore, in this research, a study of juvenile delinquency is carried out through a qualitative approach that explains its particularities as well as the explanation of the underlying causes of its origin through a criminological analysis, such as the comparative study of how the juvenile penal system is composed in Ecuador, España, Argentina and El Salvador, the different approaches that justice can have through comparative law. As the realization of interviews to justice operators on juvenile delinquency. Therefore, it is essential to move away from the idea of repression and punishment, to promote social reintegration and reparation of the damage caused, which implies a more humane and less punitive approach. Therefore, this research seeks to determine that more rigorous punishments are not necessary, but rather the application of another type of justice with restorative and therapeutic approaches.
Delito omisivo en relación a los agentes de la Policía Nacional en el caso N°10572-2019-00096 por femicidio ocurrido en Ibarra en el año 2019
(Universidad de Cuenca, 2025-09-17) Sánchez Peralta, Doménica Sabrina; Palacios Moreno, Diego Mauricio
The research conducted focuses its analysis on the crime of omission, emphasizing the examination of the court ruling in Case No. 10572-2019-00096 concerning the actions of the police officers at the moment when the life and physical integrity of D.C.R.R. were endangered after being taken hostage by her ex-partner, Y.R.L.G. This situation lasted for approximately ninety minutes in the presence of a large number of police officers who failed to employ the legitimate use of force and, consequently, disregarded applicable regulations and laws. They also abdicated their position as guarantors and their objective duty of care, which derives from their professional role. Accordingly, such an omission leads to the attribution of a result, established through the legal construct of objective imputation, which allows the fatal outcome—the death of D.C.R.R.—to be attributed to the police officers. Consequently, the case analysis identifies the elements and conditions necessary for the classification of commission by omission, as well as the presence of the subjective element of negligence. Therefore, it is concluded that the criminal offense corresponding to the officers’ omission is manslaughter by negligence, as set forth in Article 145 of the Organic Comprehensive Criminal Code (Código Orgánico Integral Penal).
El derecho penal del enemigo en el Código Orgánico Integral Penal ecuatoriano. El ciudadano y no ciudadano. Mención terrorismo
(2016) Palacios Moreno, Diego Mauricio; Méndez Álvarez, Álvaro Javier
Theory Enemy's Criminal Law postulates the existence of a criminal law that distinguishes between people whose behaviors is accord to law and people that demonstrate a position contrary to the legal order and aim to destabilize the state system people. This research is aimed to analyze the Ecuadorian Criminal Law and its connection with this doctrine through the crime of terrorism. First we will make an analysis of the doctrine, its principles and purposes. Following this, we will describe the Constitutionalism Guarantor and Dignitary and the contradiction with the principles of the German jurist, Gunther Jakobs, head of the theory “Enemy’s Criminal Law ". Finally we will analyze the crime Terrorism related to the “Criminal Law Act”, within the study and criticism of the case called "The 10 Luluncoto” linked to Human Rights.
El alcance del principio “non reformatio in peius” en relación a la víctima dentro del proceso penal- análisis del caso Nro.768-15-EP/20
(Universidad de Cuenca, 2025-03-05) Cabrera Curillo, Samantha Elizabeth; Palacios Moreno, Diego Mauricio
This analysis will focus on a detailed study of the principle "non reformatio in peius" within the context of Ecuadorian law, considering both the previous and current legal frameworks. The study will examine the relevant legislation, case law, and legal doctrine, with particular emphasis on the interpretation and application of this principle. Additionally, the analysis will specifically review Constitutional Court precedent No. 768- 15-EP/20, as it serves as a key reference in understanding the evolution and current scope of this principle within Ecuador's legal system. By evaluating these sources, the study aims to provide a comprehensive understanding of the legal implications and practical application of "non reformatio in peius" in Ecuadorian jurisprudence.
El procedimiento abreviado y la prohibición de autoincriminación, desde una visión constitucional
(Universidad de Cuenca, 2024-04-17) Vintimilla Beltrán, Ivonne Carolina; Palacios Moreno, Diego Mauricio
Title VIII of the Comprehensive Organic Criminal Code provides for the so-called special procedures, which have been incorporated into the Ecuadorian criminal system in order to provide an efficient administration of justice, to guarantee the agile solution of the causes that do not represent greater danger for public order and society, in order to protect the rights and legal security of the victim. Chapter within which we find the abbreviated procedure, which has as its main characteristic that the person prosecuted accepts his responsibility for the punishable act, and thus its sanction is mitigated, a circumstance that clearly violates the principle of prohibition of self-incrimination enshrined in article 5, numeral 8 of the pre-named normative body and in article 77, numeral 7, literal c, of the Constitution of the Republic. Procedure that is currently being fully applied in the domestic legal system in an unconstitutional manner, generating the direct violation of several rights of which every person is clothed during the substantiation of a criminal proceeding.
Imposibilidad de cobro de la asignación pecuniaria dentro de las sentencias, como parte de la reparación integral, para las víctimas ampliadas en caso de femicidio
(Universidad de Cuenca, 2025-02-06) Segarra Figueroa, Claudia Ximena; Palacios Moreno, Diego Mauricio
Femicide and the legal sanctions for this type of crime have been regulated in the COIP since 2014 and although this constitutes an advance in the normative development and the recognition of the existence of this serious social problem, the issue of integral reparation for the extended victims in case of femicide needs to be addressed and studied, specifically regarding the economic reparation that the aggressor must pay, which becomes practically uncollectible, not only because of the cumbersome nature of the specificities of a criminal proceeding, but also because the economic allocations dictated in the sentence do not contemplate such important parameters as the socioeconomic reality of the perpetrators who are sentenced to pay exorbitant amounts that can never be covered by the defendants and that do not respond to the economic reality they have, leaving the extended victims with a sentence that is partly unenforceable, and on the other hand abandoned by both the State and society in general.
La prueba testimonial en el delito de abuso sexual desde una perspectiva epistémica
(Universidad de Cuenca, 2025-09-11) Reinoso Campoverde, Leandro Javier; Palacios Moreno, Diego Mauricio
The inherent complexity of human memory and its reconstructive nature pose a fundamental challenge in the assessment of testimonial evidence within the judicial system. In cases of sexual abuse, where direct material evidence is often scarce, the victim’s testimony becomes central to the evidentiary process, requiring a rigorous and context-sensitive evaluation. This study analyzes how epistemic factors influence the evaluation of such testimony and their implications for determining the defendant’s culpability. Using a qualitative approach, it reviews literature on the psychology of testimony and neuroscience, complemented by a normative, doctrinal, and jurisprudential analysis of the Ecuadorian criminal justice system. The findings reveal that memory, particularly in traumatic contexts, is highly susceptible to distortion, and that judges may be influenced by cognitive biases that compromise the objectivity of their assessment. Moreover, this study emphasizes the need to reconsider the current approach to anticipatory testimony, the principle of non-revictimization, and the role of psychological experts from an epistemic perspective. It concludes that specialized training for justice operators and auxiliary bodies, along with the update of interview protocols for victims of sexual crimes, is essential to strengthen the reliability of testimonial evidence and ensure fairer judicial proceedings.
La relación de poder en el delito de femicidio no íntimo, análisis del caso: No. 01283-2017-01808G.
(Universidad de Cuenca, 2024-08-28) Ortega Ortiz, Mabel Fernanda; Palacios Moreno, Diego Mauricio
The crime of femicide has been typified in Ecuador since 2014, being this an advance in the visibility of violence against women in our country, however, in some cases it becomes complicated to analyze the elements of this crime, especially when it comes to the power relationship when there is no intimate link between the victim and the aggressor. Thus, this paper focuses on the doctrinal study of the power relationship of the crime of non-intimate femicide and how it is developed, in addition to the analysis of the sentences and how the administrators of justice analyze this element in the case of a crime of non-intimate femicide that occurred in 2017. Through this analysis the problems that generally arise at the moment of analyzing the element of the power relationship in the crime of non-intimate femicide are established.
La reparación integral en el delito de tráfico de influencias: caso Super Clean
(Universidad de Cuenca, 2024-03-02) Carchi Clavijo, Samantha Valentina; Palacios Moreno, Diego Mauricio
The present study focuses on studying comprehensive restitution within the framework of expedited procedures in Ecuador. It starts by scrutinizing the aforementioned legal constructs by origin, definition, and prerequisites. Subsequently, it is analyzed in conjunction with the first and second instance judgments of Case 17294-2017-00935 "SUPER CLEAN," a case brought against Economist María Sol Larrea, addressing questions regarding the resolution of comprehensive restitution when an accused opts for expedited proceedings, resulting in a quicker verdict than other cases. Following this, an analysis undertaking of the regulations guiding judicial administrators in determining pecuniary compensation. It aims to comprehend the pivotal role of the principle of proportionality in judgments that establish economic compensation as a form of restitution.
Los problemas de la imputación penal al responsable de la violencia digital
(Universidad de Cuenca, 2025-09-17) Vásquez Oleas, Emily Estefania; Palacios Moreno, Diego Mauricio
Digital violence is one of the most recent and complex forms of gender-based violence, characterized by the non-consensual dissemination of intimate content, online harassment, and the use of technology to attack, monitor, or extort women. In Ecuador, despitecertainlegislative advances, significant obstacles remain in achieving effective criminal prosecutionof digital aggressors due to legal gaps, difficulties in obtaining digital evidence, andthelackof cooperation with technology platforms. This research analyzes, froma legal perspective, the main challenges faced by the Ecuadorian criminal justice system in prosecutingthesecrimes, using a comparative approach with Mexico’s Olimpia Law. A qualitative methodologyis applied, based on normative and jurisprudential analysis as well as interviews, toidentifythe institutional, technical, and social barriers that hinder access to justice. Thestudy concludes that criminal prosecution is possible, but it requires urgent and coordinated action from the State.
Prescripción del ejercicio de la acción penal pública en delitos sexuales cometidos por adolescentes infractores en el ordenamiento jurídico ecuatoriano: análisis de la sentencia 15-19-CN y acumulados/22 de la Corte Constitucional
(Universidad de Cuenca, 2025-03-07) Retete Guerrero, María José; Palacios Moreno, Diego Mauricio
In Ecuador, the Constitution and the Code of Children and Adolescents establish a legal framework that guarantees special protection for girls, boys and adolescents (NNA) in relation to their rights. Among the most important provisions, the imprescriptibility of public criminal action in sexual crimes committed against children and adolescents stands out, ensuring that victims can access justice at any time, without time limitations. However, within the juvenile criminal system, the Code of Children and Adolescents establishes a three-year statute of limitations for crimes committed by adolescents, limiting criminal intervention. However, this regulatory framework conflicts with the constitutional reform of 2018, which contemplates the imprescriptibility of sexual crimes, including those committed against children and adolescents. Sentence 15-19-CN and cumulative/22 of the Constitutional Court addresses this conflict, reaffirming the imprescriptibility of the aforementioned crimes, but excluding those committed by adolescent offenders, posing regulatory challenges. In this way, the normative foundations of the Sentence will be analyzed in detail, in addition to the possible limiting implications that it would mean for the victim.
Relación de causalidad entre la comisión del delito de violación y el suicido de su víctima: análisis con enfoque de género en el caso de Gabriela Díaz Cañizares (Nro. 06282 – 2014 – 2110)
(Universidad de Cuenca, 2025-09-09) Guevara Villamagua, Marian Sherezade; Palacios Moreno, Diego Mauricio
The consequences that sexual violence leaves on its victims, often culminating in suicide, represent phenomena that, although highly present in social reality, have received little attention in Ecuadorian criminal law doctrine. This study addresses that gap through a critical analysis of the cassation ruling issued by the National Court of Justice in case No. 06282-2014-2110, which acknowledged the causal link between the rape suffered by the victim and her subsequent decision to take her own life. The central problem lies in the fact that the mere establishment of causality is insufficient to attribute the result of the suicide to the sexual offenders. For this reason, the theory of objective imputation is applied, as it allows for the delimitation of the creation of a legally disapproved risk and its materialization in a fatal outcome. From a dogmatic legal analysis and under a gender-sensitive perspective, this research argues that the application of objective imputation enables the attribution of criminal responsibility in cases where sexual violence leads to the victim’s suicide. By doing so, it highlights the structural dimensions of gender-based violence and underscores the need to consolidate a more inclusive and rights-oriented jurisprudence in Ecuador.
Vulneración del derecho a la defensa por parte de un defensor público y la falta de tutela por parte del juez en el caso No. 2195-19-EP de Guayaquil
(Universidad de Cuenca, 2024-02-29) Pasinato Feijoo, Samantha; Palacios Moreno, Diego Mauricio
This work addresses the study of the right to legal advocacy in Ecuador, examining its concept, normative foundations, scopes, and current limitations. Ensuring the comprehensive protection of the right to legal advocacy, not merely in a formal sense, is crucial for securing efficient access to justice and preventing violation of rights. Through an analysis of Judgment 2195-19-EP issued by the Constitutional Court, it becomes evident how the lack of clear parameters regarding legal advocacy can lead to violations of this right. The study concludes that the current legal framework does not specify the minimal actions a defender must undertake to ensure adequate legal representation. Consequently, this work emphasizes the need for a legal reform that outlines these minimum standards for quality legal advocacy.