Preferencias académicas de los estudiantes de la Carrera de Derecho y su vinculación con los Objetivos de Desarrollo Sostenible (ODS) a través del estudio de sentencias

Abstract

Abstract: The present work describes the importance of correctly applying the penal norms in the case of STS N° 17291-2017-00326, since when recognizing the diminished imputability or diminution of the conscience at the moment of committing the illicit act in the legislation is necessary for the judges to apply it at the time it is demonstrated, in defense of the principles of legality and proportionality of penalties. The methodology that was applied in the investigation, corresponded to the qualitative one because it could be evidenced through the detailed description, on the information that lends itself to mental damage or disorders. Therefore, it is necessary to socialize the judges for a correct application of the norm and that the necessary mitigating factors are taken into account and verified throughout the process at the moment of dictating the respective sentence in the crimes of femicide. One of the conclusions was: when accountability decreases, the level of culpability also decreases, which according to Ecuadorian law causes a reduction in the sentence or the application of mitigating factors.