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PRINCIPLE OF PROPORTIONALITY OF PENALTIES FOR THE OFFENCE OF EMBEZZLEMENT. ECUADOR STUDIOS CASO

Abstract:

The Comprehensive Criminal Organic Code of Ecuador came into force in its entirety on August 10, 2014, and a part on February 10, 2014. In its regulations, criminal offenses are considered typical unlawful and guilty conduct, which is sanc-tioned in this Code, following in this sense the finalist theory. This research work is very important due to the situation that Ecuador is going through, both in these moments of the SARS-COV2 or COVID 19 pandemic, as well as due to the cases of corruption where a former vice president, ministers and collaborators have been sentenced of the previous government. In this investigation, the following research methods have been used: Inductive-Deductive, Analytical-Synthetic and Historical-Logical. As research techniques, Observation and Bibliographic Review. The study was carried out based on the sanction of the crime of embezzlement and, above all, on the proportionality of the sentence, considering that the sentence must always be imposed according to the crime committed and the damage caused to the protected legal interest, in this case is public administration.