Regresar

Procedimiento para garantizar la ejecución de la reparación integral por daños a la víctima.

Abstract:

From the perspective of the current Ecuadorian criminal law, the Integral Organic Criminal Code, the effectiveness of the model established in the procedure for enforcing compliance with the constitutional guarantee of full reparation is analyzed, more specifically the compensation of damages provided for in the judgment. On the basis of the questioning of the current provisions and after pointing out their shortcomings, it is resorted to the investigation of alternative models that are applied in other legislations, finding different aspects as to the role of the State in the phase of execution of compensation and the establishment of precautionary measures. With all that has been analyzed, a possible alternative is proposed that seeks to change the reality of the victim in Ecuador, while taking into account factors such as the socio-economic position of the accused and the attrition of the victims in pursuing the compensation to which they are entitled, as well as the possible fear that they represent to promote the criminal and civil process against their perpetrators.