Abstract

BENAVIDES-BENALCAZAR, Merck Milko. The integral reparation of the victim in the criminal process. Rev. Int. Investig. Cienc. Soc. [online]. 2019, vol.15, n.2, pp.279-317. ISSN 2226-4000.  https://doi.org/10.18004/riics.2019.diciembre.279-317.

The conception of victim from the legal-criminal point of view, constitutes the most relevant procedural subject in the criminal process, considering that it is who is affected by the crime committed against him, protected legal right, as a consequence of which has the right to full reparation, that is, material and immaterial damage that must be guaranteed by the judge. By the way, on this subject it is explained from the point of view of the doctrine and the legal norms that regulate this legal concept, from which it was determined that there is no adequate legal mechanism to quantify the material damage, much less the immaterial, for there are no legal mechanisms to achieve such a purpose, taking into account that the quantifiable damages are related to the emerging damage and the loss of profit, while the immaterial damages are related to the inmaterial damage caused to the victim as a result of the commission of the infringement, so once its components on the integral reparation to the taxpayer of the crime through the use of inductive-deductive and analytical-synthetic methods that allow legally analyze the problematic situation on the subject matter of this investigation. A complete understanding of the subject is reached based on the description of all the components that are related to the material and immaterial repair through the use of a relevant bibliography that gives support to this work, with special attention at the Constitution of Republic of Ecuador as of 2008. Likewise, a supranational vision of the interamerican human rights system has been considered, which makes it possible to understand the scope and development of the full reparation of the victim as a subject of law into the cases resolved by legislative of the Ecuadorian Constitution; and belief how the application of principle of full reparation for harm suffered translates into purely constitutional and penal terms.

Keywords : victim; subject of law; integral reparation; inmaterial damage; material damage; emergen; loss of profits; full reparation; account profits.

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