bachelorThesis
Caso Damián Peña y la ejecución extrajudicial
Fecha
2021-10-14Autor
Aguilar Loayza, Andrea Johanna
Institución
Resumen
In this thesis work, the “Damián Peña” case is analyzed with the aim of being able to
determine, based on the universe of norms that make up our legal system, if the death of a
young man present in the demonstrations that took place in this city of Cuenca On January
11, 2002, a crime was committed which, at the time of the events, was not classified in the
Penal Code. The defendant is the National Police Corps in the person of Captain Pablo Inga.
Initially, charges are formulated and the trial hearing is reached for the crime of preintentional homicide, however, and taking into account the status of a member of the National
Police at the last minute, it is intended to change the criminal type and taking into
consideration that The Ecuadorian State is part to the American Convention on Human
Rights. It is sought to apply a figure of EXTRAJUDICIAL EXECUTION. Within the
conclusions of this thesis work, and after an exhaustive analysis of the particular case, as well
as the current criminal type of extrajudicial execution, it is reasonably possible to understand
that this last legal figure cannot be applied to the specific case