The non bis in idem principle in crimes against the right to property in the indigenous justice system in the Oñacapac community of Saraguro canton, Loja province

Abstract

Introduction. This article is part of the area of study of criminal law, focusing on the analysis of the control of the punitive power of the State, in addition to being in contrast with constitutional law, which recognizes the application of indigenous justice as a manifestation of the experience of indigenous communities. The relevance of the topic is oriented to clarify the problems that arise when the non bis in idem principle is violated, since the ordinary justice system does not decline jurisdiction when a crime against the right to property has been tried. Objective. To determine the respect of the non bis in idem principle in crimes of the right to property when judged by the indigenous justice system in the community of Oñacapac in the Saraguro canton, province of Loja. Methodology. Mixed study; using a descriptive and exploratory analysis and foundation. The methods used were analytical and logical-deductive; and the technique was the interview. Results. The main result is to highlight those problems that arise in the administration of justice when the non bis in idem principle is not respected; and thus, to understand in a more appropriate way the social reality of Ecuador. Conclusion. If there is a violation of the non bis in idem principle producing a situation of defenselessness since a person, despite having been judged, must be judged again in another judicial channel.