The principle of opportunity as a mechanism of criminal policy: An exploratory study, based on the criterion of procedural efficiency

Abstract:

The administration of justice in Ecuador, visible from the criminal-procedural field, is congested, an aspect that violates the principle of speed and in turn generates the impunity of certain crimes that are partially investigated by the prosecutor as the holder of the public exercise of the action, for what is necessary in order to solve this problem, apply the principle of opportunity as a criminal policy mechanism, to decongest the administration of justice. The aforementioned juridical figure is analyzed, from the points of view of the doctrine and legal science, to achieve the efficiency of criminal justice through the materialization of the opportunity, guaranteeing the fundamental rights of the victim and the suspect or the accused, starting from the development of a model of application of the procedural principle under study, determining its premises, principles, and components. From its epistemology a set of statements is …

Año de publicación:

2017

Keywords:

Fuente:

google