Concentration of proceedings to collect evidence of conviction in sexual crimes

Introduction: The present work is descriptive, it was developed under a qualitative approach, with emphasis on a critical bibliographic review on the proceedings conducted by the State Attorney General's Office for the collection of elements of conviction, in the investigation of sexual crimes. Methodology: Through the application of the following methods: analytical-synthetic, inductive-deductive, comparative, and dogmatic, as well as the technique of bibliographic review and file, the referred proceedings are described. Results: By means of a conceptual framework of victim, revictimization and right to non-revictimization, it is intended to ascertain whether the proceedings carried out in the collection of elements of conviction, violate the rights of the victims, especially, when they are examined by experts, due to the fact that, they require the victim to expose repeatedly, the circumstances she experienced before, during and after the sexual aggression. Conclusions: Having concluded the analysis, some general criteria are outlined for a proposal where all the diligences that serve to collect elements of conviction, during the investigation of sexual crimes, are concentrated, based on the good practices of other countries.

Dayana Lisseth Encalada Ludeña, Edwin Daniel de la Vega Echeverría

6-26

Effective cooperation as support for Ecuadorian criminal justice

Objective. This research seeks to demonstrate the inexistence of a regulation or written procedure that allows the correct application of the figure of effective cooperation by the investigator, called in our legal system Prosecutor's Office, an agency that according to the provisions of the Constitution of the Republic of Ecuador and the Organic Code of Criminal Integral, is responsible for conducting the pre-procedural and criminal procedural investigation. In addition to verifying whether the information, data, instruments, or effects provided by the informant is real and reliable to allow the investigator to prevent the consummation of a crime or to discover the perpetrators or accomplices of the offense after it has been committed, to obtain the sanction or penalty, as well as a comprehensive reparation that benefits the victim and society. Methodology. It has been based on qualitative research through bibliographic data, with an explanatory descriptive depth and using dogmatic, legal, historical, logical, and analytical, synthetic methods. Results. Obtaining data through direct interviews to lawyers in free professional practice. Conclusion. The purpose of obtaining a procedure or guide that allows a correct application of the procedure of the legal figure of effective cooperation by the investigating agent.

Manuel Rodrigo Cobos Villa, Julio Cesar Inga Yanza

27-46

Criminal liability in medical intervention in an esthetic surgery

Introduction: Medical intervention, especially in the field of plastic surgery, is a delicate activity in which health professionals must act with great skill and knowledge. However, concerns arise regarding the possible legal consequences for those doctors who, through negligence or incompetence, and lack of objective duty of care, harm their patients. Objectives: The fundamental objective of the research is to determine the criminal responsibility that falls on the doctor in surgical interventions, especially in plastic surgeries, to ensure a good right to health. An attempt was made to delve deeper into the way incompetence, ignorance, negligence, and lack of objective duty of care are judged and punished in this field. Methodology: To achieve a holistic understanding of the topic, a qualitative approach was adopted, theoretically based on scientific and jurisprudential data extracted from indexed journals. In addition, a comparative analysis of the law in Spain, Colombia and Chile was conducted, with the purpose of discerning the legislation pertinent to the criminal responsibility of health professionals in these countries. Conclusion: After an exhaustive review, it is concluded that failure to act with due sense in medical activities that put human life at risk may have legal consequences. However, criminal liability could not be precisely determined in the specific area of plastic surgeries in Ecuador, despite these being the interventions with the highest number of incidents and fatal outcomes in the country.

Sebastián Antonio Luna Idrovo, Ana Fabiola Zamora Vázquez

47-67

The legal figure of femicide and gender violence in Ecuador

Introduction: Currently, statistics show the intensity of gender conflict in the country, reflected in various forms of violence against women. Therefore, the crime of femicide has been typified in the legislation of fourteen Latin American states; This is explained in the implementation of a political-conceptual strategy, which has been configured from feminist perspectives seeking to make society aware of the problem of violent deaths due to gender; seeking to reaffirm the commitments of States. Objectives: to establish that the criminalization of femicide has not managed to reduce the number of violent deaths of women in the country, and there is evidence of an increase in femicide. Methodology: This article provides a theoretical foundation on the legal and social background that motivated the emergence of the autonomous classification of femicide in Ecuador, distinguishing the impact that the classification of femicide has had on the levels of violent deaths of women in Ecuador. Results: Within the gender problem in the country, it has been reported  that the sanctions for domestic violence do not reflect the seriousness of the actions of the aggressors, who usually present a behavior determined by an intensified violence as the victim allows it and the time of aggression; urgently demanding the activation of the apparatus and state resources that allow women's rights,  is guaranteed in accordance with the regulations. Conclusions: The criminalization of femicide in Ecuador has not managed to reduce the number of violent deaths of women in the country, and there is evidence of an increase in femicide in the national territory. Specific area of study: Procedural law.

Luis Miguel Idrovo Heredia, Ana Fabiola Zamora Vázquez

68-96

The appeal and application of the guarantee ¨non reformatio in peius¨ in Ecuadorian legislation

Introduction: The uncertainty of the status of the defendant when establishing an appeal within the Ecuadorian procedural system, is derived from the misapplication and non-observance of due process in all instances of the criminal system, this has led to the rights of the appellant to be violated by the non-observance of the principle of non reformatio in peius especially in the second instance,  Therefore, the objective of the research was to analyze the application of the guarantee of non reformatio in peius, through the law, comparative law, jurisprudence and theoretical basis, to prevent the violation of procedural principles in the second instance of the criminal process, avoiding the infringement of due process, legal security and the right to appeal. Methodology: The level of research was descriptive from the qualitative approach, using the compilation of information from different scientific and jurisprudential databases, published in the last five years, following the same thread included the respective legal analysis of the normative bodies in force in Ecuador, comparative law was applied with respect to the guarantee of non reformatio in peius in relation to other countries with a similar judicial system. Conclusion: As a conclusion of this research work, it was determined that the guarantee of non reformatio in peius was not applied by the judges of second instance, because there are conflicting criteria regarding its application, since this guarantee is not positivized in the Organic Integral Penal Code.

Jessica Fernanda Jiménez Lojano, Ana Fabiola Zamora

97-119

The suspension of the process, a violation of the rights of victims of domestic violence

Introduction: In the present work, the pertinence of the application of the legal figure of the suspension of the substantiation of the process in crimes of violence against women or members of the family group was analyzed. Methodology: This research was projected in a qualitative approach by conducting a thorough bibliographic review, in addition to the analytical-synthetic, inductive-deductive, historical-logical, and dogmatic methods, as well as the techniques of bibliographic review and the application of the interview. Summary: After the critical study it was justified that, with the application of the suspension of the substantiation of the process, there are no guarantees that it is a voluntary request of the victim, since it is not denied that she has been threatened or conditioned by her aggressor to request the application of such legal figure, constituting violation of rights, such as: the right to personal integrity and comprehensive reparation. Conclusions: Additionally, it was considered that the competent judge should request the intervention of the technical office to make reports on the condition of the victim and members of the family group to establish the level of risk that the victim may run, and the judge may issue his pronouncement based on a reality on such request.

Lina Victoria Sarmiento Bermeo, Marcelo Torres Wilchez

120-148

Customer satisfaction: a critical analysis applied to the civil registry, identification and documentation of the Babahoyo canton of the province of Los Ríos during the year 2022

Introduction: This research presents the results of a study carried out in the Civil Registry of the Babahoyo canton of the province of Los Ríos, which is in charge of guaranteeing the right to identity of people and regulating and regulating the management and registration of facts and acts related to the marital status of people and their identification. Objective: Evaluate the satisfaction of the client who uses the services offered. Methodology: Theoretical methods will be used (analysis-synthesis, inductive-deductive and historical-logical); Empirical: (qualitative and quantitative), in addition to strategic models such as Situational Maps, SERVIQUAL, Kano, which will allow us to understand relevant facts and phenomena throughout the research process. Results indices that will lead to expose the relationship between institutionality and customer satisfaction, determining deficient institutional conditions; in addition to quality and deplorable satisfaction when correlating the perspective with the perception of the client. Conclusion: The strategic EFE, EFI indices, in addition to the quality and service dimensions generated from the proposed methodology, can promote new questions susceptible to future research to improve the quality of life of the user and the offer of services.

Carlos Julio Cevallos Ortega, José Fabián Fonseca Vásconez, Luis Alfredo Paz Murillo, Fernando Alberto Verdy Marinez

178-195

Analysis of the importance of SMEs in the economy of Ecuador

Introduction. This research analyzes small and medium-sized enterprises (SMEs), which are organizations with limited resources that operate in a specific place and with small capital but with great virtues such as excellent flexibility to face market changes; in addition, SMEs have high participation in the economy, because it promotes employment and generates wealth, which is why it has been noted that over time they have had significant growth. Objective. This research aims to analyze the importance of SMEs in the economy of Ecuador by reviewing the state of the art, diagnosing the different databases, and determining the correlation of the variables. Methodology. The research assumed a non-experimental method because a situation will not be constructed, but other existing conditions will be observed. Results. Most companies in Ecuador belong to family organizations. SMEs are an economic unit that stimulates sources of employment, and due to their size, they are characterized by their rapid adaptation to changes in the environment; however, they have been stopped by the lack of support in obtaining financial resources that would allow them to improve their structures and survive in the market over time. Conclusion. SMEs generate 32.38% of the total registered employment, contributing 7.5 million dollars annually, supporting the country's economy; however, it must be considered that financing sources are a severe problem that affects their sustainability. General study area: Administration and Economics. Specific study area: SME Study.

José Antonio Saavedra Tenesaca, Diego Armando Tenecela Espinoza, Gabriela Isabel Araujo Ochoa

196-211

Business Intelligence for human talent management: improving organizational efficiency

Introduction: This scientific article examines the relationship between business intelligence and human talent management and how it influences the efficiency and competitiveness of organizations. The objective of this research is to analyze the relationship between business intelligence and human talent management. A theoretical methodology was used that included cross-sectional research with a deductive approach. Theoretical information previously published in reliable and relevant sources was interpreted and analyzed in this study. The results highlight the importance of business intelligence as a crucial source of data for human talent management. Business intelligence and human talent management go hand in hand to improve organizational effectiveness and enable strategic planning, oversight, and administration. In conclusion, this article demonstrates that the combination of business intelligence and human talent management allows organizations to make informed decisions based on the needs of employees and their professional development. This improves talent management by identifying each employee's skills and strengths within the organization. General area of study:  administration. Specific area of study: human talent management.

Jacqueline Carolina Sánchez Lunavictoria, Andy Sebastian Gaibor Coello, Leonela Elizabeth Leon Muñoz, Daniela Alejandra Tenemaza Fernández

212-223

Economic impact of avian influenza on the poultry sector

Introduction: In Ecuador, a state of animal health emergency was declared in the territory after the detection of the highly pathogenic avian influenza virus. Therefore, it will not be possible to move birds, products and by-products of avian origin such as eggs, hens, chickens, among others, from the farms affected by the outbreak Objectives: This research arises from the need to evaluate the financial impacts of outbreaks of highly pathogenic avian influenza (HPAI) in companies in the poultry sector dedicated to egg production.  broilers and feed production from 3 provinces in the central zone (Cotopaxi, Tungurahua, and Bolívar) in the period between September 2022 and February 2023. Methodology: The qualitative, historical, logical, documentary, legal and bibliographic approach was used, whose purpose is to specify, define and ascribe a certain object of study to achieve general knowledge, which allows reaching a conclusion on the subject. Discussion: Approximately 500,000 new birds had been infected with influenza or avian flu, the Ministry of Agriculture and Livestock (MAG) and the Phytosanitary and Zoo sanitary Regulation and Control Agency (Agrocalidad) reported on Monday. These birds, which are in addition to the first 350,000 patients detected in the first case detected at the end of November 2022 and 17,000 more in two subsequent cases, correspond to two new outbreaks in the provinces of Cotopaxi and Bolívar. Conclusions: The economic consequences of HPAI outbreaks for poultry farmers are considerable because culling, in general, led to higher losses in the absence of compensation, especially when culling occurred near the end of the production round. General area of study: Economics and Finance. Specific area of study: Economics and Finance.

Maribel del Rocío Paredes Cabezas, Yolanda Tatiana Carrasco Ruano, Sofía Maribel Jácome Benítez

224-235