Derecho
URI permanente para esta comunidadhttps://dspace.ucacue.edu.ec/handle/ucacue/7
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Examinando Derecho por Asesores "Pacheco Solano, Jaime Alberto"
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Ítem Acceso Abierto Importancia de la prueba pericial en el delito de reclutamiento de menores en organizaciones delictivas en el cantón Arenillas.(Universidad Católica de Cuenca., 2025) Rodas Alvarado, Luis Eduardo; Campoverde Sandoval, Ornella Yulianna; Pacheco Solano, Jaime Alberto; 0107761306; 0704694926Organized crime threatens public security and the stability of the State by recruiting minors, taking advantage of their lack of criminal responsibility to commit crimes, maintain territorial control, and achieve economic growth. This research analyzes this phenomenon in Ecuador from a legal-criminal and doctrinal perspective, aiming to strengthen the juvenile justice system and protect the rights of children and adolescents. A qualitative methodology was used, based on a review of national and international legislation and documentary analysis on organized crime, recruitment of minors, and the effects of socio-educational measures and rehabilitation programs. In addition, interviews were conducted with justice administrators and a prosecutor specializing in juvenile offenders. The results revealed shortcomings in the fulfillment of the objectives of socio-educational measures and rehabilitation programs, which fail to disengage minors from criminal networks. Given this situation, it is concluded that structural adjustments to the juvenile justice system are necessary to balance the rights of minors with the victims’ demands for justice, and to strengthen rehabilitation programs and policies aimed at reducing minors’ involvement, recidivism, and recruitment into criminal activities.Ítem Acceso Abierto Ineficacia de la normativa penal en delitos contra la vida cometidos por adolescentes.(Universidad Católica de Cuenca., 2024) Flores Ordóñez, Pedro Francisco; Pacheco Solano, Jaime Alberto; 0150745792The study of the ineffectiveness of criminal law in crimes against life committed by adolescents generates uncertainty, legal insecurity, discrimination, and impunity for the victim. A significantly high percentage of violations of human rights—fundamental, constitutional, and conventional—of both direct and indirect victims is determined, resulting in impunity proposed by the administration of justice in cases where the offender is an adolescent. Thereby, the hypothesis put forward is verified. By observing a strict analysis of the negative effects of the ineffectiveness of criminal law, the aim is to highlight the erroneous actions of judges supported by a legal framework that does not meet the correct standards for criminal law within our Ecuadorian legislation, which is the Code of Childhood and Adolescence that supplements the Comprehensive Organic Criminal Code, where judicial decisions, in turn, lack effectiveness in terms of delivering justice to the victim.Ítem Acceso Abierto La responsabilidad penal médica conforme el artículo 218 del Código Orgánico Integral Penal: análisis normativo(Universidad Católica de Cuenca., 2025) Yambay Díaz, Angie Del Carmen; Pacheco Solano, Jaime Alberto; 0750286395This study analyzes medical criminal liability under Article 218 of the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym), highlighting the lack of precision in regulating medical neglect and the risks of disproportionate punitive application. It examines how the law does not clearly distinguish between intentional or negligent omission by a healthcare professional and situations in which the lack of care is due to external factors, such as a lack of supplies, work overload, or structural deficiencies in the healthcare system. From the perspective of penal guarantees and minimal criminal law, the importance of limiting the intervention of criminal law only to cases of gross negligence is highlighted, avoiding the unjust criminalization of physicians due to circumstances beyond their control. The lack of objective criteria in Ecuadorian regulations can lead to legal uncertainty and affect the provision of healthcare services. In this context, it is concluded that it is necessary to reform the COIP to guarantee a proportional and adequate legal framework that protects both patients' rights and the security of healthcare professionals.Ítem Acceso Abierto Las limitaciones del sistema judicial penal en la evaluación de las personas con presunto trastorno mental.(Universidad Católica de Cuenca., 2024) Segovia Ulloa , Juana Catalina; Pacheco Solano, Jaime Alberto; 0150072429This study focuses on analyzing the limitations of the Ecuadorian criminal justice system in the evaluation of individuals with a suspected mental disorder. It has been verified that in certain criminal cases, the accused or defendant has not been properly evaluated, resulting in a violation of the legal norm regarding the non-imputability of individuals with mental disorders, which consequently aggravates the citizen's situation. Additionally, the research identifies a lack of neuropsychiatry experts duly accredited by the Judiciary, as well as a lack of public policies for the prevention and treatment of mental illnesses in Ecuador, despite the Comprehensive Organic Criminal Code and the Organic Law on Mental Health mandating proper treatment for individuals diagnosed with some type of mental disorder. In this regard, it is urgent to provide training to justice operators, increase the number of specialized experts, and finally, increase state investment in the prevention and treatment of mental disorders.
