Trabajos de Pregrado
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Browsing Trabajos de Pregrado by Subject "Acción privada"
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Item Open Access La conciliación como método alternativo de solución de conflictos en el delito de lesiones como acción privada en el año 2017(Pontificia Universidad Católica del Ecuador Sede Ibarra, 2019-02) Calderón Zuleta, Jocelyne GabrielaThe private exercise of the action destines the procedural impulse of the complaint in the hands of the victim, this responsibility can represent a burden that leads to terminate the process by means of abandonment or withdrawal, however the COIP, has included a legal figure, the conciliation, through which an opportunity is provided to the parties, to solve their disputes through a fair agreement for both the complainant and the defendant. Being applied to crimes considered to be transferable, such is the case of the crime of injuries in private action. For the development of this work, the socio-legal method has been used with which an analysis was made of the relationship that occurs between conciliation and the use that society gives it; In a complementary manner, the deductive method was applied, which allowed for the study of conceptualization of different authors, national legislation, and scientific information; as techniques, the documentary and the interview applied to legal professionals. All this to answer the question: How is conciliation used as an alternative method of resolving conflicts in the crime of injury as a private action in 2017? And understand that conciliation is used and represents an alternative to the traditional formal procedural system, proposing a justice that humanizes the criminal system, leaving aside the retributive justice that for years has fostered a punitive populism oriented to punishment; giving way to restorative justice, with a restorative vision not only of the damage or injury suffered by the victim, but also of the family, social, work relationship, etc., that the parties maintained, thus responding to the general objective, analyzing the conciliation as an alternative method of solving conflicts in the crime of injury as a private action.