Examinando por Autor "Pelchor Castro, Christian Andrés"
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- ÍtemSolo MetadatosLa Reparación Integral Y Las Prácticas Judiciales En Delitos De Violación En La Ciudad De Cuenca.(Universidad Católica de Cuenca., 2023) Pelchor Castro, Christian Andrés; Arévalo Vásquez, Carmen Elizabeth; 0105254197Comprehensive reparation is a right of the victims in criminal proceedings that includes their comprehensive and timely care. It originates from international criminal law, where victims of crimes against humanity were repaired. This right encompasses various mechanisms that enable the victim to be repaired according to the harm suffered. The objective of this investigation was to analyze comprehensive reparation and judicial practices in cases of rape in the city of Cuenca. The methodology used in this research was based on a qualitative approach, as the análisis of criminal sentences provided by the Azuay Judicial Council revealed non-compliance with this right. Factors such as conviction, reparation, and execution methods were considered. In other words, the right to comprehensive reparation is not strictly fulfilled according to criminal regulations, as it does not specify how these reparation mechanisms will be carried out. These mechanisms are very limited or are based on monetary compensations that do not satisfy the victim. Out of the seven analyzed sentences, in four of them, the victims were not provided with the necessary support and timely follow-up they should have received for this offense. Ultimately, it is necessary for judges, when determining reparation, to establish effective mechanisms that enable victims to pursue their life projects as if they had never been violated in any of their rights.