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INTEGRAL ORGANIC CODE
PENAL
Year I-Nº 180
Quito, Monday 10 February 2014
Value: US$ 5.00 + VAT
ING. HUGO ENRIQUE DEL POZO BARREZUETA DIRECTOR
Quito: Avenida 12 de Octubre N 23-990 y Wilson
Edificio 12 de Octubre Segundo Piso
Dirección: Telf. 2901-629 Central offices and sales:
Telf. 2234-540
Distribution (Store): Manosca No. 201 and Av. 10 August
Telf. 2430-110
Guayaquil Branch: Malecon No. 1606 and Av. 10 August
Telf. 2527-107
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US$ 450 + VAT for the rest of the country Printed on National Editor
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www.registroficial.gob.ec
At country service since July 1, 1895
S U P L E M E N T O
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REPUBLIC of Ecuador
NATIONAL ASSEMBLY Office No. SAN-2014-0138 Quito, February 03, 2014 Engineer Hugo Del Pozo Barrezueta DIRECTOR OF THE OFFICIAL REGISTER Present.-From my considerations: The National Assembly, in accordance with the powers conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the INTEGRAL PENAL CODE. In session of January 28, 2014, the Plenary of the National Assembly met and pronounced on the partial objection of the Code Organic Integral Organic sent by the Constitutional President of the Republic. As a result, according to Article 407 of the Constitution of the Republic of Ecuador and Article 49 of the Organic Law of the Legislative Function, it accompanied the text of the INTEGRAL PENAL CODE, to be used to publish it in the Official Registration. Intently, f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
CERTIFICATION In my capacity as General Secretariat of the National Assembly, I allow myself to CERTIFY that the plenary session The National Assembly discussed and approved the "PENAL INTEGRAL ORGANIC CODE", in the following dates: FIRST DEBATE: 28 June 2012 03 July 2012 04 July 2012 05 July 2012 10 July 2012 11 July 2012 2012 July 12, 2012 July 17, 2012
SECOND DEBATE: 09 October 2013 10 October 2013 October 11, 2013 October 13, 2013 November 11, 2013 November 11, 2013 November 17, 2013 PARTIAL OBJECTION: January 28, 2014
Quito, February 3, 2014 f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
EXPLANATORY STATEMENT In recent decades, Ecuador has undergone profound economic, social and economic transformations. policies. The 2008 Constitution, passed at the polls, imposes urgent and urgent obligations such as the revision of the legal system to comply with the imperative of justice and certainty. The heterogeneity of the components of the Ecuadorian penal system, including the coexistence of several legal bodies that are difficult to engage in practice, has generated a perception of impunity and mistrust. To configure a true integral legal body, the following aspects have been considered: 1. Historical Dimension In Ecuador-from its republican era-five Criminal Codes have been enacted (1837, 1872, 1889, 1906, and 1938). The current penal legislation is a further codification and has a strong influence on the Italian Code of 1930 (known as "Code Rocco"), Argentine of 1922, Belgian of 1867 and-this in turn-of the French of 1810 ("Napoleonic Code"). In short, we have a Code of two centuries ago with the " tragic influence of the twentieth century, which is the penal law of Italian fascism. The current Penal Code, old, incomplete, dispersed and retouched, has been permanently modified. The codification of 1971 has endured, in almost forty years-from October 1971 to the one produced in May 2010-forty-six reforms. To this must be added more than two hundred non-criminal rules that criminalise infringements. In matters of criminal procedure Ecuador has had more than five laws. The Code of Criminal Procedure in force since 2000, introduced a fundamental change in
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relationship to the 1983 procedure: the accusatory system. However, it was not easy to apply and it underwent multiple modifications. In total, the Code has been reformed fourteen times. These reforms did not take into account the substantive criminal rules and sought to change the penal system, modifying only an isolated part. In relation to the Penas Enforcement Code, this legal body was first published in 1982 and has been reformed ten times. The existing criminal rules, drawn up without regard to substantive and procedural rules, are inapplicable because of their inconsistency. Technically you can't rehabilitate a person who has never been "enabled," or reinsert it into a society that is also not ideal for reinsertion. In addition, the system works only if it has the will of the people convicted. This has, in the end, generated conducive spaces for violence and corruption. It is clear that the existing substantive, procedural and executive rules do not respond to a single line of thinking. Its historical contexts are very diverse. The purposes and structures are different, without any coordination, even they contain contradictory rules. This translates into an incoherent, impractical and dispersed criminal system. 2. Constitutional Imperative The Constitution by declaring the State as the constitutional of rights and justice, defines a new order of legal, political and administrative functioning. The direct rule force, the principles and norms included in its text and in the Constitutionality Block confer greater legitimacy on the Penal Integral Organic Code, because the constitutional provisions do not require the intermediation of the law to be directly applicable by the judges. Any public authority that has jurisdiction to rule has an obligation to adapt, formally and materially, the laws and other legal norms to the rights provided for in the Constitution and to international treaties that are necessary for to guarantee the dignity of the human being or of the communities, peoples and nationalities. Under no circumstances shall the laws, other rules of law, nor the acts of public authority be against the rights recognised by the Constitution (Article 84). According to Article 424 of the Constitution of the Republic of Ecuador, the rules and acts of the public authority must be in accordance with the constitutional provisions; otherwise they will lack legal effectiveness. From this mandate, the need arises to adapt and update the criminal law, with all its components (substantive, adjective and executive), to the new constitutional standard. It is therefore essential to determine the constitutional correspondence of protected legal goods and the guarantees of those who undergo criminal proceedings as victims or prosecuted to be properly regulated and protected.
3. Constitutionalisation of criminal law Criminal law apparently has a dual contradictory role in the face of people's rights. On the one hand, it protects rights and, on the other, restricts them. From the perspective of the victims, it protects them when one has been seriously injured. From the person who is in conflict with the criminal law, he can exceptionally restrict his rights, when a person violates the rights of others and justifies the application of a sanction. For this reason, the criminal law must determine the limits for not falling into private revenge, nor in impunity. Article 76 of the Constitution requires that the penalties be in accordance with the principle of proportionality, that is, there must be a certain coherent relationship between the degree of violation of a right and the seriousness of the penalty. In addition, the Constitution in its article 78 incorporates the figure of integral reparation. To this end, some institutions are integrated, in order to avoid the severity of criminal law and to ensure that the solutions are more effective. 4. Doctrinal Update of Criminal Law The rise of constitutionalism in contemporary democracies has been preceded by a theoretical and conceptual renewal. Part of the new legal instrument, produced not only by the doctrine but also by the jurisprudence of constitutional and criminal courts, national and international, are: the imprinting of certain crimes that have particular gravity in the whole world; the state of need in societies where there is extreme poverty and exclusion, such as ours; the prohibited penalties, to avoid arbitrariness; the extraordinary review of the sentence; the conditional suspension of the penalty; suppression of crimes that may merit better response from the civil or The abolition of the presumption of the right to knowledge of the law, among others. In this context, the Ecuadorian legislation is adapted to the new conceptual developments that have occurred in the world and in the region, as a mechanism to ensure the correct functioning of criminal justice. Although it is true, in other countries, this conceptual development has been left to the doctrine and jurisprudence, in the case of Ecuador, this process has failed. Criminal judges have been subjected to an excessively legalistic conception. To this must be added the crisis of the higher education system and the lack of investigations in all areas of criminal law and criminology. All this has resulted in a limited conceptual, theoretical and technical development. For this reason, modern normative, doctrinal and jurisprudential developments are incorporated and adapted to the Ecuadorian reality, as strategic mechanisms to promote a new criminal culture and the strengthening of criminal justice. existing.
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5. Adequacy of national regulations to
international commitments
New criminally relevant behaviors adapted to international standards are typified. New chapters are introduced, for example, which refers to crimes against humanity and serious violations of human rights. In other cases, when international instruments signed by Ecuador establish open and unclear penal types, criminal types have been designed considering constitutional guarantees, the effectiveness of the fight against crime and precision in elements of the typicity. For the first time, violations such as the failure to report torture, enforced disappearance and sexual violence in armed conflict are being criminalized. From this perspective, international commitments are honored and in addition to the postulate that, in the field of human rights, the Constitution and the international instruments of human rights have an effect on the legal system (i) 6. Balance between guarantees and efficiency of justice
criminal Every criminal system is in the dilemma between combating impunity and guaranteeing the rights of persons suspected of having committed a criminal offence. If the guarantees are extreme, a system that never sanctions would be created; if the guarantees were relaxed, the innocent person would be condemned. The penal system must reach the middle ground to prevent injustices from being tolerated in society and to ensure that there is something similar to social peace in the fight against crime. The action of the punitive state apparatus is limited. The judge is a guarantor of the rights of the parties to the conflict. The process is adapted to the degree of complexity of the cases. Persons subject to criminal law-such as victims or prosecuted-have rights and guarantees in all stages. 7. The execution of the sentences The right of execution of sentences has been doctrinal and legally divorced from the procedural law and the substantive criminal law, in all its dimensions. Once the sentence has been handed down, without the penalty being extended, the judges have no relation whatsoever to the effective execution of the sentence. There is no judicial control over prison conditions, the sentences are not effectively complied with and the administration has been in charge of an untechnical organ and with immense discretionary powers. If this is added to the prison conditions, which are deplorable, the lack of reliable statistics, the absence of records, and the arbitrary way of establishing sanctions inside the centers, it is concluded that it is urgent to carry out a reform. creative, integral and coherent in the rest of the criminal system.
Work, education, culture, sport, health care and the strengthening of the family relationships of people deprived of liberty must be the (a) to encourage the development of the capacities of persons deprived of liberty and to make their progressive reintegration into society. In application of the constitutional standard, special emphasis deserves the work of the private person of liberty who, besides constituting a fundamental element of the treatment, is considered a right and a social duty of the private person of freedom. The disciplinary regime is also regulated to avoid the discretion of the competent authority or prison security personnel. It is a priority to start with a comprehensive reform aimed at making constitutional mandates really effective, involving a joint normative construction, with the same perspective and the same articulating axis: guaranteeing the rights of people.
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING: That article 1 of the Constitution of the Republic of Ecuador frames the national legal order within the guidelines of a constitutional state of rights and justice and which is necessary making regulatory changes that are consistent with the spirit of the Constitution; that in the first paragraph of Article 424, it is ordered that the Constitution is the Supreme State's Supreme Rule and prevails over any other legal system; Therefore, the rules and acts of the public authority must maintain conformity with the constitutional provisions; that literal b), numeral 3, of article 66 of the Constitution of the Republic of Ecuador recognizes and guarantees to persons a free of violence in the public and private sphere and orders the adoption of measures to prevent, eliminate and punish all forms of violence; in particular, violence against women, girls, children and adolescents, older adults, persons with disabilities and against any person at a disadvantage or vulnerability; identical measures shall be taken against violence, slavery and sexual exploitation; whereas the Constitution, in accordance with Article 75, recognises persons entitled to free access to justice and to effective, impartial and effective protection; expedited your
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rights and interests, subject to the principles of immediate and immediate indefencement, and which shall in no case be rendered indefenceless; the Constitution orders that in any process in which rights and obligations of any order be determined, as in the case of the criminal, will ensure the guarantees that integrate due process, guarantees of the defense for the person processed and guarantees for victims, which must be channeled through criminal law; that the Constitution recognizes persons deprived of liberty, in accordance with Article 51, the right not to be isolated, to communicate, to receive visits, to declare on the treatment received, to have human resources and necessary to enjoy comprehensive health, to the attention of their educational, work, productive, cultural, food and recreational needs, and to receive preferential and specialized attention in the case of elderly people, pregnant or nursing women, with special abilities, sick or adolescent; whereas the Constitution prescribes in Article 78 that victims of criminal offences shall be entitled to special protection, not to be revictimised and to adopt mechanisms for a comprehensive redress including knowledge of the truth, restitution, compensation, rehabilitation, guarantee of non-repetition and satisfaction of the violated right; that in accordance with Article 80 of the Constitution the actions for violations of genocide, humanity, war crimes, enforced disappearance of persons and aggression against a State they will be imprescriptible; that according to article 233 of the Constitution, the actions and the penalties For the violations of peculary, code, concussion and illicit enrichment are imprescriptible; that according to the fourth paragraph of article 396 of the Constitution, the legal actions to pursue and punish the environmental damages are In the case of the Court of Law, the Court held that, in accordance with Article 76 of the Constitution, it is necessary to establish the appropriate proportionality between infringements and criminal sanctions, there must be non-custodial sanctions, which must be respected by the rights of persons and be imposed by adversarial, transparent procedures That the Penal Code, the Code of Criminal Procedure and the Code of Execution of Penas and Social Rehabilitation were enacted before the current Constitution enters into force and that its rules must be updated and appropriate to the new demands of the constitutional state of rights and justice; that the adjective criminal law must guarantee the existence of an adversarial system, that counts with prosecutors that promote the exercise of the criminal action within the
principles and foundations of the accusatory system, with human rights defenders and advocates technically to persons accused of committing an offence and to persons who, because of their state of indefencement or economic, social or cultural condition, cannot contract the legal defence services for the protection of their rights, and with judges and judges who lead the process and are guarantors of the rights of the procedural participants; that in order to comply with the provisions of Article 201 of the Constitution, it is impossible to replace the current system of execution of penalties for another one that has as a priority the development of the capacities of persons sentenced to a penalty to exercise their rights and their responsibilities in recovering their freedom, rehabilitating and reinserting themselves into society; that the criminal system in its substantive component maintains obsolete types, since it does not meet the current needs of the population; in its adjective component it is inefficient and has not managed to secure fair, fast, simple processes, nor has it adequately coordinated the actions among all its actors; and, in its executive component it has not fulfilled its objectives and it has become a bureaucratic and inefficient system, which justifies a comprehensive reform and urgent to the Criminal System as a whole; that in the popular consultation of 7 May 2011, the people gave a statement on matters relating to the criminal procedure: the expiry of the remand and measures replacing the deprivation of liberty; and, the need to criminalise non-justified private enrichment and non-affiliation to the IESS of workers in relation to dependency; whereas the National Assembly, in accordance with Article 84 of the Constitution, has an obligation to adapt, formally and materially, the laws and other legal norms to the rights provided for in the Constitution and International instruments; In exercise of their constitutional and legal powers the following is issued:
CRIMINAL INTEGRAL CODE
PRELIMINARY BOOK RULES
TITLE I PURPOSE
Article 1.-Purpose.- This Code is intended to normalize the punitive power of the State, to criminalize criminal offences, to establish the procedure for the prosecution of persons with strict observance of the due process, promote the social rehabilitation of the sentenced persons and the integral repair of the victims.
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TITLE II
GENERAL WARRANTIES AND PRINCIPLES
CHAPTER FIRST GENERAL PRINCIPLES
Article 2.- General principles.- In criminal matters, all principles emanating from the Constitution of the Republic, international human rights instruments and those developed in this Code apply. Article 3.-Principle of minimum intervention.- Criminal intervention is legitimised as long as it is strictly necessary for the protection of persons. It is the last resort, when the extrapinal mechanisms are not sufficient.
CHAPTER SECOND GUARANTEES AND GUIDING PRINCIPLES OF THE
PENAL PROCESS Article 4.-Human dignity and entitlement of rights.- the interveners in the criminal proceedings are human rights holders recognized by the Constitution of the Republic and the international instruments. People deprived of liberty retain the ownership of their human rights with the limitations of deprivation of liberty and will be treated with respect to their dignity as human beings. Overcrowding is prohibited. Article 5.-Procedural Principles.- The right to due process of criminal proceedings, without prejudice to others established in the Constitution of the Republic, the international instruments ratified by the State or other legal norms, shall be governed by the Following principles: 1. Legality: There is no criminal offence, penalty, or process
criminal law without prior law to the fact. This principle even applies when criminal law is referred to other laws or legal provisions to integrate it.
2. Favorability: in case of conflict between two rules
of the same subject, which contemplate different penalties for the same fact, the less rigorous will be applied even if its enactment is later than the infraction.
3. Doubt in favor of the reo: the judge, to dictate
conviction, must be convinced of the criminal guilt of the person prosecuted, beyond reasonable doubt.
4. Innocence: Every person maintains his/her legal status
of innocence and must be treated as such, as long as a sentence that determines otherwise is not executed.
5. Equality: is the obligation of the servers
to make effective the equality of the interveners in the development of the procedural performance and to protect especially those people who, because of their economic, physical or mental, they are in circumstances of vulnerability.
6. Procedural challenge: Every person has the right to make use of the ruling, resolution or final order in any process that is decided upon his rights, in accordance with the provisions of the Constitution of the Republic, the instruments international human rights and this Code.
7. Prohibition of worsening processing situation:
when resolving the challenge of a penalty, the situation of the person processed cannot be worsened when this is the only recurring.
8. Ban on self-incrimination: No person
may be required to testify against itself in matters that may cause its criminal liability.
9. Double-judging ban: No person
may be judged or penalized more than once for the same facts. Cases resolved by the indigenous jurisdiction are considered for this purpose. The application of administrative or civil penalties resulting from the same acts as the subject of criminal prosecution and punishment does not constitute an infringement of this principle.
10. Intimacy: everyone has the right to their privacy
personal and family. No records, searches, seizures at his home, residence or place of work may be made, but on the basis of a warrant from the competent judge, in accordance with the formalities and grounds previously defined, with the exception of cases of exception. provided in this Code.
11. Orality: the process will be developed by the
oral system and decisions will be taken in the audience; the technical means available to record and record the procedural actions will be used; and, the procedural subjects will use written means in the cases provided for in this Code.
12. Concentration: the or the judge will concentrate and
perform the most procedural acts in a single hearing; each topic under discussion will be resolved exclusively with the information produced at the hearing intended for the effect.
13. Contradiction: the procedural subjects must present,
in verbal form the reasons or arguments of which the assisted persons are created; to replicate the arguments of the other procedural parties; to present evidence; and, to contradict those that are presented against.
14. Judicial address of the process: the or the judge, of
compliance with the law, will exercise the direction of the process, control the activities of the procedural parties and avoid unnecessary delays.
Depending on this principle, The judge may interrupt the parties to request clarifications, channel the debate and carry out the other corrective actions.
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15. Procedural momentum: corresponds to the procedural parts
the momentum of the process, according to the device system.
16. Advertisement: Every criminal prosecution is public except the
cases of exception provided for in this Code. 17. Mediation: the or the judge will hold the hearings
in conjunction with the procedural subjects and must be present with the parties for the evacuation of the means of proof and other procedural acts that structure in a fundamental way criminal proceedings.
18. Motivation: the or the judge will base your
decisions, in particular, on the relevant arguments and reasons exposed by the procedural subjects during the process.
19. Impartiality: the judge or judge, in all processes
in charge, will be guided by the imperative to administer justice in accordance with the Constitution of the Republic, international human rights instruments and this Code, respecting equality before the Law.
20. Privacy and confidentiality: victims of crimes
against sexual integrity, as well as any child, child or teenager involved in criminal proceedings, have the right to respect their privacy and that of their family.
prohibit the disclosure of photographs or any other data that enable their identification in judicial, police or administrative proceedings and refer to documentation, names, supernatants, parentage, parentage, residence or criminal record.
21. Objectivity: In the exercise of its function, the fiscal
will adapt its actions to an objective criterion, to the correct application of the law and to respect for the rights of the people. Investigate not only the facts and circumstances that merge or aggravate the liability of the person prosecuted, but also those that exempt, attenuate or exting.
Article 6.- Guarantees in the event of deprivation of liberty.- criminal proceedings in which a person is deprived of liberty, the guarantees provided for in the Constitution and more than the following shall be observed: 1. In flagrant offenses, the person will be driven from
immediately to the or the judge for the corresponding hearing to be held within twenty-four hours of apprehension.
2. In the case of flagrant contraventions, the hearing
will be performed immediately after apprehension.
3. The age of the processed person will be verified and, in
case of doubt, the presumption of the age minority will be applied until it is distorted by the prosecutor or the prosecutor within the investigation.
4. No person deprived of liberty may be incommunicado, isolated or subjected to torture, not even for disciplinary purposes.
CHAPTER THIRD
GUIDING PRINCIPLES OF THE EXECUTION OF PENALTIES AND PRECAUTIONARY MEASURES
PERSONNEL Article 7.-Separation.- Private persons of liberty will be housed in different places of deprivation of liberty or in different sections within those establishments, according to their sex or sexual orientation, age, reason for deprivation of liberty, need for protection of life and the integrity of persons deprived of liberty or special needs for care, according to the provisions of the Third Book of this Code. In no case shall the separation of persons deprived of liberty be used to justify discrimination, the imposition of torture, cruel, inhuman or degrading treatment or punishment, or more rigorous or less appropriate conditions of deprivation of liberty to a particular group of people. Article 8.-Treatment.- In the rehabilitation of persons deprived of liberty they will be considered their needs, abilities and abilities in order to stimulate their will to live according to the law, to work and to respect others. Article 9.-Participation and voluntariness.- The participation of persons deprived of liberty in the activities and programs implemented in the centers of deprivation of liberty is integral, individual and voluntary. Article 10.-Prohibition of deprivation of liberty in unauthorized centers.- Any form of deprivation of liberty in legally unauthorized facilities or places, as well as any form of arrest, coercion or deprivation of liberty, is prohibited. freedom derived from administrative disciplinary procedures.
TITLE III RIGHTS
CHAPTER FIRST
VICTIM RIGHTS Article 11.-Rights.- In any criminal proceedings, the victim of the Infringements shall enjoy the following rights: 1. To propose particular accusation, not to participate in the
process or to cease to do so at any time, in accordance with the rules of this Code. In no case will the victim be forced to appear.
2. To the adoption of mechanisms for the repair
integral of the damages suffered that includes, without delay, the knowledge of the truth of the facts, the restoration of the injured right, the compensation, the guarantee of not repetition of the
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violation, violation of the right, and any other forms of additional repair that are justified in each case.
3. To repair for violations committed
by agents of the State or by those who, without being so, have their authorization.
4. To special protection, safeguarding their privacy and
security, as well as that of their family members and their witnesses. 5. Not to be revictimized, particularly in the
obtaining and evaluating the evidence, including its version. It will be protected from any threat or other forms of intimidation and, for that purpose, technological means can be used.
6. To be assisted by a public or private defender before
and during the investigation, at different stages of the process and in relation to integral repair.
7. To be assisted free of charge by one or a translator or
interpreter, if you do not understand or speak the language in which the procedure is substance as well as to receive specialized assistance.
8. To enter the National Protection System and
assistance from victims, witnesses and other participants in the criminal proceedings, in accordance with the provisions of this Code and the law.
9. To receive comprehensive assistance from appropriate professionals in accordance with their needs during criminal proceedings.
10. To be informed by the prosecutor of the investigation
pretrial and of the instruction. 11. To be informed, even if you have not intervened in the
process, the final result, at your home if you know it.
12. To be treated on an equal footing and when
amérité, apply affirmative action measures that guarantee an investigation, process and reparation, in relation to their human dignity.
If the victim is a nationality other than the Ecuador shall allow its temporary or permanent stay within the national territory, for humanitarian and personal reasons, in accordance with the conditions of the National System for the Protection and Assistance of Victims, Witnesses and Other Participants of the criminal process.
CHAPTER SECOND PEOPLE ' S RIGHTS AND GUARANTEES
DEPRIVED OF LIBERTY Article 12.-Rights and guarantees of persons deprived of liberty.- Persons deprived of liberty shall enjoy the rights and guarantees recognized in the Constitution of the Republic and the instruments International human rights: 1. Integrity: the private person of liberty has
right to physical, mental, moral and sexual integrity.
This right will be respected during transfers, records, requisitions or any other activity.
It is prohibited any action, treatment or sanction involving torture or any form of cruel, inhuman or degrading treatment. No circumstances may be invoked to justify such acts.
Any form of violence for ethnic reasons, social status, gender or sexual orientation is prohibited.
2. Freedom of expression: The private person of liberty
has the right to receive information, give opinions and disseminate them by any means of expression available in the centers of deprivation of liberty.
3. Freedom of conscience and religion: The private person
of liberty has the right to respect his freedom of conscience and religion and to be given the exercise thereof, even if he does not profess any religion. Personal objects shall be respected for these purposes, as long as they do not endanger the security of the centre of deprivation of liberty.
4. Work, education, culture and recreation: The State
recognizes the right to work, education, culture and recreation of persons deprived of liberty and guarantees the conditions for their exercise. The work may be developed through partnerships for productive and commercial purposes.
5. Personal and family privacy: The private person of
freedom has the right to respect his and his family's private life.
6. Personal data protection: The person
private of liberty has the right to the protection of his personal data, which includes the access and use of this information.
7. Association: The private person of liberty has
right to associate for lawful purposes and to appoint their representatives, in accordance with the Constitution of the Republic and the Law.
8. Suffrage: the private person of freedom by measures
Personal injunctions are entitled to suffrage. It will be suspended for those people who have a damning sentence.
9. Complaints and petitions: The private person of liberty,
has the right to file complaints or petitions with the competent authority of the detention centre, to the prison or to the judge for prison guarantees and to receive clear answers and timely.
10. Information: the private person of liberty, in the
time of his/her entry into any detention centre, has the right to be informed in his own language about his/her rights, the rules of the establishment and the means of Those who have to make petitions and complaints. This information must be public, written and available to people at all times.
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11. Health: The private person is entitled to the
preventive, curative and rehabilitation health, both physical and mental, timely, specialized and comprehensive. To guarantee the exercise of this right, the specific conditions of each group of the private population of liberty will be considered.
In the centers of deprivation of women's freedom, the medical department will have female staff.
Studies, diagnostics, treatments and medicines will be free.
In case of addictions to narcotic drugs, psychotropic substances or preparations containing them or of alcoholism and smoking, the Ministry of Public Health shall provide therapeutic or rehabilitation treatment by means of consultations or sittings, in order to achieve the situation. Attention will be paid to the centers of deprivation of liberty through qualified personnel for the effect.
12. Food: The private person of liberty has
right to adequate nutrition, in terms of quality and quantity, in appropriate places for the effect. You will be entitled to access to clean water at all times.
13. Family and social relationships: The private person
is entitled to maintain his family and social bond. It must be located in centres of deprivation of liberty close to his family, unless he expresses his or her will or who, for duly justified reasons of security or to avoid overcrowding, is required to relocate to a centre. of deprivation of liberty situated in different places to that of his family, habitual domicile and natural judge.
14. Communication and visit: Without prejudice to the
restrictions of the security regimes, the private person has the right to communicate and receive visits from family and friends, human rights defender or public defender or private and intimate visit of their partner, in places and conditions that guarantee their privacy, the security of the people and the center of deprivation of liberty.
The exercise of this right must be given on an equal footing, no matter their nationality, gender, sexual preference or gender identity.
The private person of freedom
The right to the visit of family or friends shall not be considered a privilege and shall not be used as a sanction for the loss of the same, except in cases where the contact represents a risk to the private person of liberty or to the person or the visitor. The competent authority of the detention centre shall report the risk cases to the person or the judge for prison guarantees.
15. Immediate freedom: the person who is deprived of liberty, when he or she complies with the sentence, receives amnesty or pardon or revokes the precautionary measure, shall be released immediately, and only the presentation of the order of release issued by the competent authority. The public servants who delay the fulfilment of this provision will be removed from their posts, subject to administrative summary, without prejudice to the civil or criminal liability to be taken.
16. Proportionality in determining the
disciplinary sanctions: The disciplinary sanctions imposed on the person deprived of liberty must be proportionate to the misconduct. It will not be possible to impose indeterminate sanctioning measures or to contravene human rights.
TITLE IV
INTERPRETATION Article 13.-Interpretation.- The rules of this Code shall be interpreted as compliance with the following rules: 1. The interpretation in criminal matters will be carried out in the
meaning that the Constitution of the Republic of the Republic is more fully adjusted and the international instruments of human rights.
2. The penal types and penalties will be interpreted in the form
strict, that is, respecting the literal sense of the norm.
3. It is forbidden to use the analogy to create
criminal offences, to extend the limits of the legal budgets that allow the application of a sanction or precautionary measure or to establish exceptions or restrictions of rights.
TITLE V
APPLICATION BOTH Article 14.-Application spatial scope.- The rules in this Code apply to: 1. Any infringement committed within the territory
national. 2. Violations committed outside the territory
Ecuador, in the following cases:
a) When the infringement produces effects in Ecuador or in the places under its jurisdiction.
b) When the criminal offence is committed in the
foreign, against one or more Ecuadorian people and has not been judged in the country where the commit was committed.
c) When the criminal offence is committed by the or
the public servants while they perform their duties. official functions or arrangements.
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d) When the criminal offence affects legal assets
protected by International Law, through international instruments ratified by Ecuador, provided that its judgment in another jurisdiction has not been initiated.
e) When the infractions constitute serious
violations of human rights, in accordance with the procedural rules established in this Code.
3. Violations committed on board ships or
military or merchant aircraft of an Ecuadorian flag or license plate.
4. Violations committed by
the Armed Forces abroad, based on the principle of reciprocity.
Article 15.-Personal scope of application.- The rules of this Code shall apply to all domestic or foreign persons who commit criminal offences. Article 16.-Temporary scope of application.- The subjects of the criminal proceedings and the judges shall observe the following rules: 1. All infraction shall be judged and sanctioned according to
to the laws in force at the time of their commission. 2. The most benign subsequent criminal law will be applied without
need for petition, preferably on the criminal law in force at the time of the offence or the sentencing.
3. The exercise of the action and penalties will be prescribed by
compliance with this Code. 4. Violations of aggression against a state, genocide,
humanity, war crimes, enforced disappearance of persons, freckled, code, concussion, illicit enrichment and legal actions for environmental damage are imprescriptible in both the action and the penalty.
Article 17.-Material scope of criminal law.- They shall be considered exclusively as criminal offences as defined in this Code. Punishable actions or omissions, penalties or criminal proceedings provided for in other legal provisions shall not have any legal validity except for children and adolescents.
BOOK FIRST CRIMINAL OFFENCE
TITLE I
THE CRIMINAL OFFENCE IN GENERAL Article 18.-Criminal Infraction.- It is the typical, anti-legal and guilty conduct whose sanction is provided for in this Code. Article 19.-Classification of the infractions.- The violations are classified as crimes and contraventions.
Crime is the criminal offence sanctioned with a custodial sentence of more than thirty days. Violation is the criminal offence sanctioned with a non-custodial sentence or a custodial sentence of up to thirty days. Article 20.-Real contest of violations.- When a person is attributable to several independent and independent crimes, the penalties shall be accumulated up to a maximum of twice the most serious penalty, without any reason exceeding 40 years. Article 21.-Ideal Contest of Violations.- When various criminal types are subsucible to the same conduct, the penalty of the most serious infringement shall be applied.
CHAPTER FIRST CRIMINALLY RELEVANT CONDUCT
Article 22.-Penally relevant conduct.- Actions or omissions that endanger or produce results that are harmful, descriptive and demonstrable are criminally relevant. A person may not be punished for questions of identity, danger or personal characteristics. Article 23.-Modes of Conduct.- Punishable behavior can have the modes of action and omission. Not to prevent an event, when the legal obligation is to prevent it, is equivalent to causing it. Article 24.-Causes of exclusion from conduct.- The harmful or dangerous results resulting from irresistible physical force, reflex movements or states of full unconsciousness, duly proven, are not criminally relevant.
SECTION FIRST TYPICITY
Article 25.-Tipicity.- Criminal types describe the elements of criminally relevant behaviors. Article 26.-Dolo.- Acts with dolo the person who has the design to cause harm. The person who performs an action or omission from which a more serious result than the one he wanted to cause is a preterintentional crime and will be punished with two thirds of the penalty. Article 27.-Blame.- person who infringes the objective duty of care, who personally corresponds to him, acts with guilt, producing a harmful result. This conduct is punishable when it is typified as an infringement in this code. Article 28.-Intentional Omission.- The intentional omission describes the behavior of a person who, deliberately, prefers not to avoid a typical material result, when he is in a position of guarantor.
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The person who has a legal or contractual obligation of care or custody of life, health, liberty, and other person is in the position of guarantor personal integrity of the owner of the legal asset and has caused or increased precedence a risk that will be decisive in the affectation of a legal good.
SECTION SECOND ANTIJURICITY
Article 29.- Anti-legal.- For the criminally relevant conduct to be anti-legal must threaten or harm, without fair cause, a legal good protected by this Code. Article 30.-Causes of exclusion from anti-legal.- There is no criminal offence when the typical conduct is justified by a state of need or legitimate defense. There is also no criminal offence when acting in compliance with a legitimate and express order of competent authority or legal duty. Article 31.-Excess on the causes of exclusion from the antilegal.- The person who exceeds the limits of the causes of exclusion will be sanctioned with a reduced penalty in one third of the minimum foreseen in the respective criminal type. Article 32.-State of need.- There is a state of need when the person, when protecting his or her own right, causes injury or damage to another, as long as all of the following requirements are met: 1. That the protected right is in real and present danger. 2. That the result of the act of protection is not greater
than the injury or damage that was intended to be avoided. 3. That there is no other practicable means and less
detrimental to defending the right. Article 33.-Legitimate defense.- There is legitimate defense when the person acts in defense of any right, whether or not he or she is, as long as the following requirements are met: 1. Current and illegitimate aggression. 2. Rational need for defense. 3. Lack of sufficient provocation by whom
acts in defense of the right.
SECTION THIRD GUILT
Article 34.-Guilty.- For a person to be held criminally liable
Article 35.-Cause of Inculpability.- There is no criminal liability in the case of a properly proven mental disorder. Article 36.-Mental disorder.- The person who at the time of the infringement does not have the ability to understand the illitude of his or her conduct or to determine in accordance with this understanding, in reason of the condition of a disorder mental, will not be criminally responsible. In such cases, the judge or the judge will dictate a security measure. The person who, at the time of the infringement, is diminished in his ability to understand the illitude of his or her conduct or to determine in accordance with this understanding, will have an attenuated criminal responsibility in one third of the sentence Minimum intended for the criminal type. Article 37.-Responsibility for drunkenness or intoxication.- Except for traffic offences, the person who at the time of the offence is found to be under the influence of alcohol or narcotic substances, psychotropic or prepared which contain them, will be sanctioned in accordance with the following rules: 1. If it derives from a fortuitous case and deprives the
author at the time of the act, there is no responsibility.
2. If it derives from a fortuitous case and is not complete, but
considerably decreases the knowledge, there is attenuated responsibility imposing the minimum penalty in the penal type, reduced by a third.
3. If it does not derive from a fortuitous case, neither excludes, nor attenuates, nor
aggravates responsibility. 4. If it is premeditated in order to commit the offence or
to prepare an apology, it is always aggravating. Article 38.-Persons under the age of eighteen.- Persons under the age of eighteen years in conflict with criminal law, shall be subject to the Organic Code of Childhood and Adolescence.
CHAPTER SECOND EXECUTION OF THE OFFENCE
Article 39.-Attempt.- Attempt is the execution that fails to be consummated or whose result does not come to be verified by circumstances beyond the will of the author, even though in a dolous manner initiate the execution of the criminal type by means of appropriate acts which are clearly conducive to the conduct of a crime. In this case, the person will respond by attempt and the applicable penalty will be one to two thirds of the one that would correspond to him if the crime would have been accomplished. Violations are only punishable when they are consumed.
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Article 40.-Discharge and Repentance.- Will be exempt from criminal liability for the attempted infringement, the person who voluntarily avoids its consummation, by giving up the execution already started or by preventing the production of the result, without prejudice to the responsibility for the acts executed.
CHAPTER THIRD PARTICIPATION
Article 41.- Participation.- People participate in the infringement as authors or accomplices. The circumstances or conditions which limit or aggravate the criminal liability of an author, an author or an accomplice do not affect the legal status of other members of the criminal offence. Article 42.-Authors.- They will answer as authors the persons who incur any of the following modalities: 1. Direct self-rule:
a) Those who commit the infringement in a direct and immediate manner.
b) Those who do not prevent or attempts to prevent
from preventing its execution by having the legal duty to do so.
2. Mediata authorship:
a) Those who instigate or advise another person to commit an infringement, when it is proven that such action has determined their commission.
b) Those who order the commission of the offence
using another or other persons, imputable or not, by price, gift, promise, offer, order or any other fraudulent means, direct or indirect.
c) Who, by physical violence, abuse of authority,
threat or other coercive means, require a third party to commit the infringement, even if it cannot be regarded as irresistible force used for that purpose.
d) Those who exercise command power in the
criminal organization. 3. Co-authorship: Those who contribute to the execution, of a
main mode, deliberately and intentionally practicing some act without which the infraction could not have been perpetrated.
Article 43.-Accomplices.- They will respond as accomplices persons who, in a dolous manner, facilitate or cooperate with secondary, previous or simultaneous acts in respect of the execution of a criminal offence, in such a way that even without such acts, the offence would have been committed. There is no complicity in the guilty violations.
If the circumstances of the offence result in the person accused of complicity, cooperating in a less serious act than the one committed by the author or the author, the penalty will be applied only in reason for the act he intended to execute. The accomplice will be punished with a penalty equivalent of one-third to half of that intended for the author or the author.
CHAPTER FOURTH CIRCUMSTANCES OF THE INFRINGEMENT
Article 44.-Attenuating Application Mechanisms and aggravating.- For the imposition of the penalty, the attenuants and aggravations provided for in this Code shall be considered. The elements of the respective criminal figure do not constitute mitigating or aggravating circumstances. If there are at least two mitigating circumstances of the penalty, the minimum laid down in the criminal rate shall be imposed, reduced by one third, provided that there are no aggravating or amending non-constitutive circumstances. If there is at least one non-constitutive or amending circumstance of the infringement, the maximum penalty provided for in the criminal rate, plus one third, shall be imposed. Article 45.-Mitigating circumstances of the infringement.- These are mitigating circumstances of the criminal offence: 1. Cometer criminal offences against property without
violence, under the influence of economic circumstances pressing.
2. Act the offending person for intense fear or under
violence. 3. Attempt, on a voluntary basis, to cancel or decrease the
consequences of the infringement or to provide immediate assistance and assistance to the victim by the offending person.
4. Voluntarily repair the damage or indemnify
integrally to the victim. 5. To present themselves voluntarily to the authorities of
justice, being able to have eluded their action for escape or concealment.
6. Collaborate effectively with the authorities in the
infringement investigation. Article 46.-Transcendental address.- To the processed person who provides accurate, true, verifiable and relevant data or information for the investigation, a third of the appropriate penalty shall be imposed on him, provided that he does not there are non-constitutive or amending infringements of the infringement. Article 47.-Aggravating circumstances of the offence.- These are aggravating circumstances of the criminal offence:
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1. Execute the breach with either alevosia or fraud. 2. Commit the violation by promise, price, or
reward. 3. Commit the violation as a means to the commission of
other. 4. Take advantage of mass rallies, tumult,
popular shock, sporting event or public calamity, nature phenomenon to execute the infringement.
5. Commit the violation with participation of two or more
people. 6. Increase or seek to increase the consequences
harmful to the victim or any other person.
7. Commit the violation with anti-
the victim. 8. Commit the breach by prevalding a situation
of labour, teaching, religious or similar superiority. 9. Take advantage of the personal conditions of the
victim involving defensiveness or discrimination. 10. Valerse of children, adolescents, adults or adults
older, pregnant women or persons with disabilities to commit the offence.
11. Committing the offence to the detriment of girls, boys,
adolescents, older adults, pregnant women or persons with disabilities.
12. Committing the offence with violence or using any
substance that alters the victim's knowledge or will.
13. Misuse of insignia, uniforms,
military, police or religious denominations or flags as a means to facilitate the commission of the offence.
14. To affect several victims because of the infringement. 15. Run the infringement with the help of armed people. 16. Use false, uniform, or distinctive credentials of
public institutions or companies, in order to pretend to go through officials, officials, workers, workers, servants, or public servants, as a means of facilitate the commission of the infringement.
17. Commit the total or partial infringement from an
detention center for an interned person on the same.
18. Find the one or the author pursued or on the run by a
offense with a firm conviction. 19. Take advantage of your server or server condition
public for committing a crime.
Article 48.-Aggravating circumstances in violations of sexual and reproductive integrity, integrity and freedom personal.- For violations against sexual and reproductive integrity, integrity and personal freedom, in addition to those provided for in the preceding article, the following are specific aggravating circumstances: 1. To find the victim at the time of the commission of
the infraction, to the care or attention in public or private establishments, such as those of health, education or similar ones.
2. Find the victim at the time of the commission of
the infraction in establishments of tourism, distraction or recreation, places in which programs or public shows, means of transport, worship, investigation, assistance or shelter, in detention centers or in police, military or similar facilities.
3. Have infected the victim with a serious, incurable or
illness
4. If the victim is or is pregnant, she is in thepuerperium stage or if she aborts as a consequence of the commission of the offence.
5. Share or be part of the victim's family core. 6. To take advantage of the victim going through a
situation of vulnerability, of extreme economic need or of abandonment.
7. Whether the sexual offence has been committed as a form
of torture, or for the purpose of intimidation, exploitation, degradation, humiliation, discrimination, revenge or punishment.
8. Have the infringer or the infringer some type of relationship
of power or authority over the victim, such as being: official or civil servant, teacher, ministers or ministers of some cult, officials or health officials or persons responsible for the care of the patient; for any other class of professional or person who has abused his position, function or position to commit the offence.
9. Know the victim before the commission of
the infringement.
CHAPTER FIFTH CRIMINAL LIABILITY OF THE PERSON
LEGAL Article 49.-Liability of the legal persons.- In the cases provided for in this Code, national or foreign legal persons governed by private law are criminally liable for the crimes committed for their own benefit or their associates, for the action or omission of those who exercise their property or control, its governing bodies or administration, proxies or proxies, or agents, legal or conventional representatives, agents,
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operators or operators, factors, delegates or delegates, third parties that contractually or otherwise interfere in a management activity, executives principal or those who comply with administration, management and supervision activities and, in general, by those acting on the orders or instructions of the natural persons mentioned. The criminal liability of the legal person is independent of the criminal liability of natural persons who intervene with their actions or omissions in the commission of the crime. There is no place for the determination of the criminal liability of the legal person, where the offence is committed by any of the natural persons referred to in the first subparagraph, for the benefit of a third party other than the legal person. Article 50.-Concurrence of criminal responsibility.- The criminal liability of legal persons is not extinguished or modified if there are concurrence of responsibilities with natural persons in the conduct of the acts, as well as circumstances that affect or aggravate the liability or because such persons have passed away or eluded the action of justice; because the criminal responsibility of natural persons is extinguished, or is given out. Nor is the liability of legal persons to be extinguished when they have been merged, transformed, spun off, dissolved, liquidated or applied in any other form of modification provided for in the Law.
TITLE II PENALTIES and MEASURES SECURITY
CHAPTER FIRST
THE GENERAL PUBLIC Article 51.-Peña.- The penalty is a restriction on the freedom and rights of persons, as a legal consequence of their actions or omissions punishable. It is based on a legal provision and imposed by a damning sentence. Article 52.-Finality of the penalty.- The purposes of the penalty are the general prevention of the commission of crimes and the progressive development of the rights and capacities of the person with conviction as well as the reparation of the victim's right. In no case is the isolation and the neutralization of people as social beings to end. Article 53.-Legality of the penalty.- No more severe penalties will be imposed than those determined in the penal types of this Code. The length of time of the penalty should be determined. In-defined penalties are banned. Article 54.-Individualization of the penalty.- The or the judge must individualize the penalty for each person, even if they are several responsible in the same violation, observing the following:
1. The circumstances of the punishable, mitigating and aggravating fact.
2. The special needs and conditions or
individuals of the victim and the severity of the injury to their rights.
3. The degree of participation and all circumstances that
limit criminal liability. Article 55.-Accumulation of penalties.- The accumulation of custodial sentences proceeds up to a maximum of forty years. The fines pile up to double the maximum imposed. Article 56.-Interdiction.- The sentence of conviction carries with it the interdiction of the private person of liberty, while the sentence lasts. The interdiction has taken effect since the judgment causes execution and inhibits the private person of the freedom of the ability to dispose of his assets not to be by succession for cause of death. Article 57.-Reoffending.- The commission of a new offence is understood by the person who was found guilty by executing sentence. The recidivism will only be carried out in crimes with the same elements of criminality of dolo and guilt respectively. If the person reincites the maximum penalty expected in the increased penalty rate by a third.
CHAPTER SECOND PENALTY CLASSIFICATION
Article 58.-Classification.- The penalties imposed by virtue of Firm judgment, with principal or ancillary character, are private, non-custodial and restrictive of property rights, in accordance with this Code. Article 59.-Private Penas of Freedom.- The custodial sentences are for up to forty years. The duration of the sentence begins to be computed since the apprehension materializes. In case of conviction, the time effectively served under precautionary measure of remand or house arrest, shall be computed in full in favor of the sentenced person. Article 60.-Non-custodial Penas.- They are non-custodial sentences: 1. Medical, psychological, training,
program or educational course. 2. Obligation to provide a Community service.
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3. Periodic and personal appearance before the authority,
on the frequency and time limits set in judgment. 4. Suspension of authorization or license to drive
any type of vehicle. 5. Prohibition of exercising parental authority or guardias in
general. 6. Disablement for the exercise of profession, employment or
trade. 7. A ban on leaving the address or place
determined in the statement. 8. Loss of driving license points in the
traffic violations. 9. Restriction of the right to carry or hold weapons. 10. Prohibition of approximation or direct communication
with the victim, his or her family members or other persons who are prepared in a sentence, wherever they are or by any verbal, audiovisual, written, computer, telematic or physical or virtual support.
11. A ban on residing, competing, or transiting in
certain places. 12. Expulsion and prohibition of return to the territory
Ecuadorian for foreign persons. 13. Loss of rights of participation. The judge may impose one or more of these penalties, without prejudice to the penalties provided for in each criminal case. Article 61.-Expulsion and prohibition of return to Ecuadorian territory for foreign persons.- It is appropriate for crimes punishable by imprisonment of more than five years. Once the sentence is carried out, the foreign person is prohibited from returning to Ecuadorian territory for a period of ten years. If the foreign person expelled returns to Ecuadorian territory before the time period established in the sentence, he commits the offence of non-compliance with legitimate decisions of competent authority. However, if she is caught at the border, port or airport or in general any other entry or entry into the country, she will be expelled directly by the police authority, starting to take back the entry ban deadline. Expulsion shall not be provided in cases where the foreign person, prior to the date of the offence, has entered into a marriage, has been recognised as a union in fact with an Ecuadorian person or has daughters or children
Article 62.-Treatment, training, program or course.- It consists of the obligation of the person sentenced to be subject to the treatment, training, program or course that the or the judge orders. The length of time shall be determined on the basis of expert examinations. Article 63.-Community service.- It consists of unpaid personal work performed in compliance with a judgment and which in no case shall exceed two hundred and forty hours. In the case of offences punishable by up to six months of restriction of freedom, the Community service shall not be carried out for more than one hundred and eighty hours; in cases of contraventions, for not more than one hundred and twenty hours, following rules: 1. To be executed for the benefit of the community or as
compensation mechanism to the victim and in no case to perform security activities, surveillance to generate surplus value or economic utility.
2. That the time for their execution does not prevent the
subsistence of the person with conviction, being able to execute it in such a case after their work schedule, weekends and holidays.
3. That their daily duration does not exceed three hours, or
less than 15 hours a week. 4. That it be in keeping with the skills of people with
disabilities that have been condemned. Article 64.-Prohibition of exercising the parental rights or guards in general.- The person sentenced with this prohibition shall not be able to exercise the parental authority or guardian, for the time determined in the judgment. Article 65.-Disqualification for the exercise of profession, employment or office.- Where the offence is directly related to the exercise of the profession, employment or trade of the sentenced person, the judgment or judgment shall provide for a The Court of State held that the Court of State held that the Court held that the Court held that the Court of State held that the Court of Article 66.-Prohibition of leaving the address or place determined.- This prohibition requires the person sentenced to remain at his or her home or in a particular place, under the conditions imposed in judgment by the judge or the judge. Article 67.-Suspension of the driver's license.- The suspension of authorization or license to drive any type of vehicle, will last for the time determined in each traffic violation. Article 68.-Loss of the rights of participation.- The person sentenced with the loss of the rights of participation, shall not be able to exercise them for the time determined in each penal type, once the custodial sentence has been completed.
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Article 69.-Penalties restrictive of property rights.- They are restrictive penalties for property rights: 1. Multa, whose value is determines in basic wages
unified of the worker in general. The fine must be paid in a full and immediate manner once the respective judgment is executed. However, where the sentenced person demonstrates his or her material inability to cancel it under the conditions set out above, the judgment or judgment may authorize that his or her performance be carried out as follows:
a) Payment in instalments or by quotas during the same
time of conviction. b) Condonation of part of the fine if, in addition,
extreme poverty is demonstrated. c) equivalent community service, only in
violations punishable by custodial sentences of one day to six months.
2. Criminal court, proceeds in all cases of crimes
dollars and falls on the goods, when these are instruments, products or revenues in the commission of the crime. There will be no comiso in culpous criminal types. In the conviction, the competent judge or judge shall have the same as:
a) The assets, funds or assets, or instruments
computer equipment and devices used to finance or commit the criminal offence or the activity
b) The goods, funds or assets, digital content, and
products that come from the criminal offence. c) The goods, funds or assets and products in which
the goods from the criminal offence are transformed or converted.
d) The proceeds of the crime to be mixed with goods
acquired from lawful sources; may be
e) Revenue or other benefits derived from the
goods and products resulting from the criminal offence.
When such assets, funds or assets, products, and instruments cannot be curated, the judgment or the judge will have the payment of a fine of identical value, additional to the planned for each criminal offence. In the case of a conviction executed, within criminal proceedings for laundering of assets, terrorism and its financing, and crimes related to scheduled substances subject to supervision, if such assets, funds or assets, products and instruments cannot be curated, the judge will arrange for any other property property of the convicted person, for an equivalent value, even if this property is not linked to the crime.
In the cases of the previous paragraph, the movable and immovable property are permanently transferred to the institution in charge of the State's Administration and Real Estate Management, an entity that will be able to dispose of these goods for regularization. The curated values are transferred to the National Treasury Single Account. Historical objects and works of art curated from impossible replenishment become part of the tangible patrimony of the State and are transferred to the National Institute of Cultural Heritage. In violation of the environment, nature or Pacha Mama, against the mining resources and the cases provided for in this Code, the judge or the judge, without prejudice to the application of the criminal court, may order the immediate destruction or immobilization of heavy machinery used to commit these violations.
3. Destruction of the instruments or effects of the
violation. Any penalty carries with it, as the case may be, destruction of the effects of the infringement and of the instruments with which it was executed unless they belong to a third person not responsible for the infringement.
declare of social benefit or public interest the instruments or effects of the infringement and authorize its use.
Article 70.-Application of fines.- In the violations provided for in this Code, the penalty of fine shall be applied as with the following provisions: 1. In the penalty-sanctioned violations of
freedom from one to thirty days, the fine of twenty-five percent of a unified basic salary of the worker in general shall be applied.
2. In the penalty-sanctioned violations of
one-to two-month freedom will apply the fine of one to two unified basic wages of the worker in general.
3. In the penalty-sanctioned violations of
freedom from two to six months will apply the fine of two to three unified basic wages of the worker in general.
4. In the penalty-sanctioned violations of
freedom from six months to one year the fine of three to four unified basic wages of the worker in general will apply.
5. In the penalty-sanctioned violations of
freedom from six months to two years will apply the fine of three to eight unified basic wages of the worker in general.
6. In penalties punishable by deprivation of
freedom from one to three years will apply the fine of four to ten unified basic wages of the worker in general.
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7. In the penalty-sanctioned violations of
freedom from three to five years will apply the fine of ten to twelve unified basic wages of the worker in general.
8. In the penalty-sanctioned violations of
freedom from five to seven years will apply the fine of twelve to twenty unified basic wages of the worker in general.
9. In the penalty-sanctioned violations of
freedom from seven to ten years will apply the fine of twenty to forty unified basic wages of the worker in general.
10. In the penalty-sanctioned violations of
freedom from ten to thirteen years will apply the fine of forty to sixty basic unified wages of the worker in general.
11. In the penalty-sanctioned violations of
freedom from thirteen to sixteen years will apply the fine of one hundred to three hundred unified basic wages of the worker in general.
12. In the penalty-sanctioned violations of
freedom from sixteen to nineteen years will apply the fine of three hundred to six hundred unified basic wages of the worker in general.
13. In the penalties punishable by private punishment of
freedom from nineteen to twenty-two years will apply the fine of six hundred to eight hundred unified basic wages of the worker in general.
14. In the penalties punishable by private punishment of
freedom from twenty-six to twenty-six years will apply the fine of eight hundred to a thousand basic wages unified of the worker in general.
15. In the penalty-sanctioned violations of
freedom from twenty-six to thirty years will apply the fine of one thousand to one thousand five hundred unified basic wages of the worker in general.
In the violations in which they do not exist Custodial sentences shall apply to the fine provided for in each type. Article 71.-Penas for legal persons.- The specific penalties applicable to legal persons are as follows: 1. Fine. 2. Criminal court. The existing acts and contracts,
relating to the goods subject to criminal proceedings cease in full, without prejudice to the rights of third parties in good faith, which are recognised, liquidated and paid as soon as possible, who must assert his rights to the same judge as the criminal case. The goods declared of illicit origin are not susceptible to protection of any patrimonial regime.
3. Temporary or final closure of their premises or establishments, in the place where the criminal offence has been committed, according to the seriousness of the offence or the damage caused.
4. Perform activities for the benefit of the community
subject to judicial monitoring and evaluation. 5. Comprehensive remediation of environmental damage
caused. 6. Dissolution of the legal person, ordered by the or the
judge, in the country in the case of foreign legal persons and liquidation of its patrimony through the legally intended procedure, in charge of the respective public entity of control. In this case, there will be no way of rehiring or reactivating the legal person.
7. Ban on contracting with the temporary state or
definitely, according to the seriousness of the violation.
CHAPTER THIRD EXTINCTION OF THE PENALTY
Article 72.-Formas of extinction.- The penalty is extinguished by any of the following causes: 1. Comprehensive penalty compliance in any of your
forms. 2. Extinction of the offence or penalty by subsequent law plus
favourable. 3. Death of the convicted person. 4. Pardon. 5. Review facility, where favourable. 6. Prescription. 7. Amnesty. Article 73.-Pardon or amnesty.- The National Assembly may grant amnesty for political crimes and pardons on humanitarian grounds, in accordance with the Constitution and the Law. It shall not grant for crimes committed against public administration or for genocide, torture, forced disappearance of persons, kidnapping and homicide for political or conscience reasons. Article 74.-Presidential Pardon.- The President of the Republic may grant pardon, commutation or reduction of the penalties imposed in the executing sentence. The person sentenced to be deprived of liberty shall be granted and observe good conduct after the offence. The request shall be addressed to the President or the President of the Republic or to the appointing authority, who shall assess whether the application is appropriate or not.
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If the request is denied, it may be filed again if at least one year more than the penalty has elapsed and if it has been observed exemplary conduct. Article 75.-Prescription of the penalty.- The penalty is deemed to be prescribed in accordance with the following rules: 1. The restrictive penalties of liberty will prescribe in the
maximum time of the custodial sentence of the type more than fifty percent.
2. Non-custodial sentences will be prescribed in the
maximum time of conviction plus fifty per cent. The penalty prescription will start running from the day the sentence is executed.
3. The restrictive penalties for property rights
shall prescribe within the same period as the penalties restrictive of liberty or non-custodial sentences, where they are imposed in conjunction with them; in other cases, the restrictive penalties of property rights will be prescribed in five years.
Prescription requires to be declared. They do not prescribe the penalties determined in the violations of aggression, genocide, humanity, war crimes, enforced disappearance of persons, crimes of aggression against a state, peculado, code, concussion, illicit enrichment and damages
CHAPTER FOURTH SECURITY MEASURE
Article 76.-Internship in a psychiatric hospital.- Interment in a psychiatric hospital applies to the person who is inimputable by mental disorder. Its aim is to overcome its disturbance and social inclusion. It is imposed by the judges, prior to psychiatric, psychological and social reporting, which accredits their need and duration.
TITLE III COMPREHENSIVE REPAIR
CHAPTER SINGLE INTEGRAL REPAIR
Article 77.-Comprehensive repair of damages.- The comprehensive reparation will be based on the solution that objectively and symbolically restores, as far as possible, the previous state of the commission of the fact and satisfies the victim, ceasing the effects of the infringements perpetrated. Its nature and amount depend on the characteristics of the crime, the legal good affected and the damage caused.
The integral restitution constitutes a right and a guarantee to interject the resources and actions directed to receive the restoration and compensation in proportion to the damage suffered. Article 78.-Comprehensive repair mechanisms.- Non-exclusionary forms of integral, individual or collective reparation are: 1. Restitution: applies to cases related to the
restoration of freedom, life family, citizenship or nationality, return to the country of previous residence, recovery of employment or property as well as the restoration of political rights.
2. Rehabilitation: is oriented to the recovery of the
people through medical and psychological care as well as to ensure the provision of legal and social services necessary for these purposes.
3. Material damages and
damages: refer to compensation for any damage resulting from a criminal offence and which is economically evaluable.
4. The measures of satisfaction or symbolic: refer to
the declaration of the judicial decision to repair the dignity, the reputation, the apology and the public recognition of the facts and the responsibilities, the commemorations and the Tributes to victims, teaching and dissemination of historical truth.
5. The guarantees of non-repetition: are directed to the
prevention of criminal offences and to the creation of sufficient conditions to avoid the repetition of the same. They are identified with the adoption of the necessary measures to prevent victims from being affected with the commission of new crimes of the same gender.
TITLE IV VIOLATIONS IN PARTICULAR
CHAPTER FIRST SERIOUS RIGHTS VIOLATIONS
HUMANS AND CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW
SECTION FIRST Crimes Against Humanity
Article 79.-Genocide.- The person who, in a manner systematic and widespread and with the intention to destroy all or part of a group national, ethnic, religious or political, perform any of the following acts, shall be sanctioned with a custodial sentence of twenty-six to thirty years:
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1. Killing of members of the group. 2. Serious injury to the physical or mental integrity of
group members. 3. intentional submission to conditions of existence
resulting in their total or partial physical destruction. 4. Adoption of forced measures to prevent
births within the group. 5. Forced transfer of girls, boys or adolescents, from one
group to another. Article 80.-Etnocidio.- The person who, in a deliberate, generalized or systematic manner, totally or partially destroys the cultural identity of peoples in voluntary isolation, will be sanctioned with a custodial sentence of sixteen to Nineteen years. Article 81.-Extermination.- The person who, as part of a widespread or systematic attack, imposes conditions of life affecting the survival, including the deprivation of food, medicine or other goods deemed indispensable, For the destruction of a civilian population or part of it, it will be sanctioned with a custodial sentence of twenty-six to thirty years. Article 82.-Slavery.- The person who exercises all or some attributes of the right of property over another, constituting slavery, shall be sanctioned with a custodial sentence of twenty-two to twenty-six years. Article 83.-Deportation or forced removal of population.- The person who, in the case of a person who, moves or exults, by means of active acts to populations who are legitimately present in an area, unless such action is intended to protect the rights of the that person or group of persons, shall be sanctioned with a custodial sentence of twenty-two to twenty-six years. Article 84.-Forced disappearance.- The State agent or the person acting with his consent, who by any means, subject to deprivation of liberty to a person, followed by the lack of information or refusal to recognize such deprived of liberty or of informing about the whereabouts or fate of a person, thereby preventing the exercise of constitutional or legal guarantees, will be sanctioned with a custodial sentence of twenty-two to twenty-six years. Article 85.-Extra-judicial execution.- The official or public official, state agent who, deliberately, in the performance of his or her position or through the action of third parties acting with their instigation and is supported by the The power of the State to justify its acts, deprive another person of life, will be sanctioned with a custodial sentence of twenty-two to twenty-six years. Article 86.-Persecution.- The person who, as part of a generalized or systematic attack, deprives of rights to a group or collectivity, founded on reasons of the identity of the group or the collectivity, shall be sanctioned with a custodial sentence Twenty-six to thirty years.
Article 87.-Apartheid.- The person committing acts of violation of human rights, perpetrated in the context of an institutionalized regime of oppression and systematic domination over one or more ethnic groups with the intention of maintaining that regime, will be sanctioned with a custodial sentence Twenty-six to thirty years. Article 88.-Aggression.- The person, regardless of the existence or non-declaration of war, who is in a position to effectively control or direct the political or military action of a State, order or actively participate in the planning, preparation, initiation or execution of an act of aggression or armed attack against the territorial integrity or political independence of the Ecuadorian State or other State, outside the cases provided for in the Charter of the Organization of the United Nations, shall be sanctioned with a custodial sentence of twenty-six to thirty years. Article 89.-Crimes against humanity.- It is crimes against humanity that are committed as part of a widespread or systematic attack against a civilian population: extrajudicial execution, slavery, forced displacement of the population that is not intended to protect their rights, illegal or arbitrary deprivation of liberty, torture, sexual rape and forced prostitution, non-consensual insemination, forced sterilization and enforced disappearance, will be sanctioned with a custodial sentence of twenty-six to thirty years. Article 90.-Sanction for the legal person.- When a legal person is responsible for any of the crimes of this Section, it will be sanctioned with the extinction of it.
SECTION SECOND Trafficking in Persons
Article 91.-Trafficking in persons.- The collection, transportation, transfer, delivery, reception or reception for a third party, one or more persons, whether within the country or from or to other countries for the purpose of exploitation, constitutes crime of human trafficking. It constitutes exploitation, any activity of which it is a material or economic advantage, an immaterial advantage or any other benefit, for itself or for a third party, by the submission of a person or the imposition of living or work, obtained from: 1. Illegal organ extraction or marketing,
tissues, fluids or genetic material of living persons, including tourism for organ donation or transplantation.
2. Sexual exploitation of people including the
forced prostitution, sex tourism and child pornography.
3. Labour exploitation, including forced labour, the
debt bondage and child labour. 4. Promise of marriage or union in fact servile,
including the union of precocious fact, arranged, as compensation or transaction, temporary or for purposes of procreation.
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5. The illegal adoption of girls, boys and teenagers. 6. The begging. 7. Forced recruitment for armed conflicts or for
the committing of acts punishable by law. 8. Any other operating mode. Article 92.-Sanction for the crime of human trafficking.- The trafficking of persons shall be sanctioned: 1. With a custodial sentence of thirteen to sixteen
years. 2. With a custodial sentence of sixteen to
nineteen years, if the offence falls on the persons of one of the priority care groups or in a situation of double vulnerability or if the victim and the aggressor have existed affective, consensual of partner, conjugal, cohabitation, family or economic dependency or there is a link of civil, military, educational, religious or labor authority.
3. With a custodial sentence of nineteen to
twenty-two years, if on the occasion of human trafficking, the victim has suffered serious psychological or physical illness or physical or irreversible damage.
4. With a custodial sentence of twenty-two to twenty-six
years, if for the purpose of human trafficking the victim's death occurs.
The trafficking is pursued and sanctioned regardless of other crimes that have been committed in its execution or as a consequence. Article 93.-Principle of non-punishment of the victim of trafficking.- The victim is not punishable by the commission of any crime that is the direct result of being treated. Nor shall the penalties or impediments provided for in the immigration legislation be applied where the infringements are a consequence of the activity deployed during the commission of the illicit of which they were subject. Article 94.-Sanction for the legal person.- When a legal person is responsible for trafficking, it will be sanctioned with a fine of one hundred to one thousand basic wages unified by the worker in general and the extinction of the same.
SECTION THIRD Various forms of exploitation
Article 95.-Illegal removal and treatment of organs and tissues.- The person who, without complying with the legal requirements, extracts, preserves, manipulates organs, parts thereof, components vital anatomical or unyielding tissues, cells or other fluids or body substances of
if the offence has been committed in persons of priority attention groups, it will be punishable by a custodial sentence of thirteen to sixteen years. In the case of non-life anatomical components or reproductible tissues, it shall be sanctioned with a custodial sentence of seven to ten years. The death of the victim shall be punishable by a custodial sentence of twenty-two to twenty-six years. If the offence is committed on a corpse, it will be sanctioned with a custodial sentence of seven to ten years. If the person who commits the offence is a health professional, he will also be disabled for the exercise of his profession for the same time of the sentence, once it has been completed. Article 96.-Traffic in organs.- The person who, outside of the cases permitted by law, performs acts that have as object the onerous intermediation or negotiate by any means or move organs, tissues, fluids, cells, components Anatomical or bodily substances, will be sanctioned with a custodial sentence of thirteen to sixteen years. Article 97.-Publicity of organ trafficking.- The person who promotes, favors, facilitates or publicizes the offer, the obtaining or the illegal trafficking of human organs and tissues or the transplantation of the same will be sanctioned with a custodial sentence freedom from seven to ten years. Article 98.-Realization of transplant procedures without authorization.- The person who performs organ, tissue and cell transplantation procedures, without the authorization and accreditation issued by the competent authority, will be sanctioned with a custodial sentence of three to five years. If the anatomical components extracted or implanted come from girls, children or adolescents, persons with disabilities or older adults, it will be sanctioned with a custodial sentence of five to seven years. Article 99.-Tourism for the extraction, illegal treatment or trade of organs.- The person who organizes, promotes, offers, provides, acquires or contracts tourist activities to perform or promote the activities of traffic, extraction or Illegal treatment of organs and tissues, will be sanctioned with a custodial sentence of seven to ten years. Article 100.-Sexual exploitation of persons.- The person who, for the benefit of himself or of third parties, sells, provides, takes advantage of or in exchange to another to execute one or more acts of a sexual nature, shall be sanctioned with a custodial sentence freedom from thirteen to sixteen years. If the described behavior is carried out on older adults, girls, children, adolescents, pregnant women, people with disabilities or catastrophic illness, people at risk or are
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find in a situation of vulnerability or if the victim and the person of the aggression are maintained or have a consensual relationship of couple, family, spousal or economic dependency or there is a link of civil, military, educational, religious or labor authority, the custodial sentence will be sixteen to nineteen years. Article 101.-Forced Prostitution.- The person who imposes, requires, imposes, promotes, or induces another against his or her will to perform one or more acts of a sexual nature shall be sanctioned with a custodial sentence of thirteen to sixteen years, in one or more of the following circumstances: 1. When taking advantage of vulnerability conditions
of the victim or use violence, threat or intimidation.
2. When the offender maintains or has maintained
a family relationship, consensual as a partner, spouse, ex-spouse, survivor, ex-living, partner or ex-partner in fact, family or relative up to the fourth degree of consanguinity or the victim's affinity second.
3. When you have some type of trust relationship or
authority with the victim. Article 102.-Sexual tourism.- The person who organizes, promotes, offers, provides, transfers, recruited, acquires or contracts tourism activities that involve services of a sexual nature, shall be sanctioned with a custodial sentence of seven ten years. If the victims are in any of the following cases, the custodial sentence will be ten to thirteen years: 1. If they are girls, boys or teenagers or persons in
vulnerability situation, even if they have lent their consent.
2. When violence, threat or intimidation is used. 3. The person has no ability to understand the
meaning of the fact. Article 103.-Pornography with the use of girls, boys or adolescents.- The person who photographs, film, records, produces, transmits or edits visual, audiovisual, computer, electronic or any other physical or physical media format containing the visual representation of actual or simulated nude or semi-naked girls, boys or adolescents in sexual attitude; it shall be sanctioned with a custodial sentence of thirteen to sixteen years. If the victim, in addition, suffers from any type of disability or serious or incurable illness, it will be punishable by a custodial sentence of sixteen to nineteen years. When the offending person is the parent, the mother, relative to the fourth degree of consanguinity or second degree of affinity, guardian, legal representative, conservator or
belongs to the intimate setting of the family; minister of worship, teacher, teacher, or a person who, by his profession or activity, has abused the victim, will be punished with a custodial sentence of twenty-two to twenty-six years. Article 104.-Commercialization of pornography with the use of girls, boys or adolescents.- The person who publicizes, buys, owns, carries, transmits, downloads, stores, imports, exports or sells, by any means, for personal use or for The exchange of pornography of children, girls and adolescents, will be sanctioned with a custodial sentence of ten to thirteen years. Article 105.-Forced labor or other forms of labor exploitation.- The person who submits another to forced labor or other forms of exploitation or labor services, in or out of the country, shall be sanctioned with a custodial sentence from ten to thirteen years. There will be forced labor or other forms of exploitation or labor services in the following cases: 1. When a person is forced or misled to
perform, against his or her will, a job or service under threat to cause harm to her or her third persons.
2. When these are used for girls, boys or adolescents
less than fifteen years of age. 3. When using adolescents older than fifteen
years of age in hazardous, harmful or risky work according to the corresponding standards.
4. When a person is forced to perform a job or
service using violence or threat. 5. When a person is forced to commit or
to provide his or her personal services over who exercises authority, as a guarantee of a debt, taking advantage of his or her debtor status.
6. When a person is forced to live and work in
a land belonging to another person and to lend to it, by remuneration or free of charge, certain services without freedom to change their condition.
Article 106.- Promise of marriage or union in fact servile.- The person who of or promises in marriage to a person, to contract marriage or union in fact, in exchange for a consideration given to his parents, to his tutor or guardian, to his family or to any other person who exercises authority over it, without the spouse or future spouse or partner The right to oppose, will be sanctioned with a custodial sentence of ten to thirteen years. Article 107.-Illegal adoption.- The person who facilitates, collaborates, performs, transfers, intervenes, or benefits from the unlawful adoption of persons shall be sanctioned with a custodial sentence of ten to thirteen years.
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The same sanction will be imposed on the person who eludes legal procedures for the acceptance or adoption and in order to establish a the relationship analogous to the filiation, to induce, by any means, the holder of the fatherland authority to the delivery of a girl, child or adolescent to another. Article 108.-Employment of people for begging.- The person who facilitates, collaborates, promotes or benefits by submitting begging to another person will be sanctioned with a custodial sentence of ten to thirteen years. Article 109.-Sanction to the legal person.- When the criminal liability of a legal person is determined in the commission of the crimes foreseen in this Section, it will be sanctioned with the extinction and fine of ten to a thousand basic salaries unified of the worker in general. Article 110.-Common Provisions.- For the offences provided for in Sections 2 and 3 of this Chapter, the following common provisions shall be observed: 1. In these offences, the additional penalty or judgment
of freedom may impose one or more non-custodial sentences.
2. In cases where the alleged aggressor is
ascending or descending, collateral up to the fourth degree of consanguinity or second degree of affinity, spouse, exspouse, survivor, former living partner, partner or ex-partner in fact, tutor or guardian, legal representative, curator or conservator or any person in charge of the care or custody of the victim, the judge or the judge of Criminal Guarantees as a precautionary measure will suspend the parental authority, tutoring, curatela and any other modality of care about the victim in order to protect their rights.
3. For these crimes there is no attenuating in
number 2 of article 45 of this Code. 4. The victim's public or private behavior,
prior to the commission of the violation, is not considered within the process.
5. In these crimes the consent given by the victim
does not exclude criminal liability or decrease the corresponding penalty.
6. Victims of these crimes will be able to enter the
victim and witness program.
SECTION FOURTH Crimes against Persons and Goods Protected by the
International Humanitarian Law Article 111.-Persons protected by International Humanitarian Law.- For the purposes of this Section, it shall be considered as persons protected from those defined as such by the existing international instruments of International Humanitarian Law and, in particular, the following:
1. The civilian population. 2. Persons who do not participate in hostilities and the
civilians held by the adverse party. 3. Health or religious personnel. 4. Journalists on mission or war correspondents
accredited. 5. The people who have laid down the weapons. 6. People who are out of combat or
defenceless in the armed conflict. 7. People who, prior to the onset of hostilities,
belonged to the category of stateless persons or refugees. 8. Political and refugee asylum seekers. 9. United Nations personnel and personnel
associated with the United Nations Convention on the Security of Personnel and Associated Personnel.
10. Any other person who has this condition in
virtue of Geneva Conventions I, II, III and IV of 1949 and their additional protocols.
Article 112.-Goods protected by International Humanitarian Law.- For purposes of this Section, it is considered as protected goods to those defined as such by the international instruments in force of International Humanitarian Law, and in particular, the following: 1. Those of a civil character that do not constitute objective
military. 2. Intended to ensure the existence and integrity of
civil persons, such as areas and localities intended to separate them from military objectives and goods intended for their survival or care.
3. Those who are part of a maintenance mission
of peace or humanitarian assistance. 4. Those destined to the satisfaction of the rights of the
good living, of the people and groups of priority attention, of the communities peoples and nationalities of the civil population, as well as those destined to the religious worship, the arts, the science or beneficence.
5. Those that are part of the historical, cultural or
environmental heritage. Article 113.-Weapons prohibited by International Humanitarian Law.- For the purposes of this Section, prohibited weapons are those defined as such by the existing international instruments of International Law Humanitarian, and in particular, those who have this status under the Geneva Conventions I, II, III and IV of 1949, their additional protocols and others that are ratified.
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Article 114.-Application of provisions in international or non-international armed conflict.- The provisions relating to armed conflict international or non-international apply from the day on which it takes place, regardless of the formal declaration by the President or the President of the Republic or that it decrees the state of exception throughout the territory national or part of it, in accordance with the Constitution and the Law. It is understood that the state of international or non-international armed conflict is concluded, once the state of emergency has ceased for the reasons that motivated it, to end the period of its declaratory or by revoking the decree. (i) to declare it or until the conditions of safety that are affected are restored. Article 115.-Homicide of a protected person.- The person who, on the occasion and in the development of armed conflict, kills a protected person, shall be sanctioned with a custodial sentence of twenty-two to twenty-six years. Article 116.-Attented to the sexual and reproductive integrity of a protected person.- The person who, on the occasion and in the development of armed conflict, injures or affects the sexual or reproductive integrity of a protected person, shall be sanctioned in accordance with the penalties provided for in each of the offences against sexual and reproductive integrity, increased by one third. Article 117.-Injury to the physical integrity of a protected person.- The person who, on the occasion and in the development of armed conflict, causes injuries in a protected person, provided that he does not constitute another offence of greater affectation, will be sanctioned with the maximum penalties provided for in the offence of increased injuries in a medium. Article 118.-Protected persons or experiments.- The person who, on the occasion and in the development of armed conflict, muses, extracts tissues or organs or performs medical or scientific experiments on a protected person, shall be sanctioned with a custodial sentence of thirteen to sixteen years. Article 119.-Torture and cruel, inhuman or degrading treatment in a protected person.- The person who, on occasion and in development of armed conflict, on national territory or on board an aircraft or an Ecuadorian flag vessel, torture or to inflict cruel, inhuman or degrading treatment on a protected person shall be sanctioned with a custodial sentence of thirteen to sixteen years. Article 120.-Collective punishments in protected persons.- The person who, on occasion and in the development of armed conflict, will inflict collective punishment on a protected person, will be sanctioned with a custodial sentence of thirteen to sixteen years. Article 121.-Use of prohibited methods in the conduct of armed conflict.- The person who, on occasion and in development of armed conflict, uses methods prohibited by International Law
Humanitarian, and in particular, the following, will be sanctioned with a custodial sentence of thirteen to sixteen years: 1. The subject of hunger to the population
civil, including through the obstruction of supplies.
2. The use of the presence of a protected person
as a shield to place certain points, zones or military forces safe from military operations or to hinder the enemy's actions against determined military objectives.
3. The order not to give barracks. 4. The attack on the civilian population. 5. The attack on the civilian property. 6. The indiscriminate attack with the potential of
causing death or injury to civilians, damage to protected goods or serious or disproportionate damage to the environment.
If these practices lead to the death of a fighter or a member of the adverse party involved in an armed conflict, the penalty shall be twenty-six years. Article 122.-Use of prohibited weapons.- The person who, on the occasion and in the development of armed conflict, produces, stores, uses or distributes weapons prohibited under International Humanitarian Law, will be punished with punishment Freedom from thirteen to sixteen years. Article 123.-Attack on protected goods.- The person who, on occasion and in development of armed conflict, directs or participates in attacks against protected goods, will be sanctioned with a custodial sentence of thirteen to sixteen years. Article 124.-Hindering health and humanitarian tasks.- The person who, on occasion and in development of international or internal armed conflict, serious internal shock, public calamity or natural disaster, impedes or impedes the medical, health or relief personnel to the civilian population, carrying out the health and humanitarian tasks that can and must be carried out in accordance with the norms of International Humanitarian Law, will be sanctioned with a custodial sentence freedom from ten to thirteen years. Article 125.-Privation of protected person's freedom.- The person who, on the occasion and in the development of armed conflict, deprived of liberty, unlawfully detained, delayed or delayed the repatriation of the protected person, will be punished with punishment A freedom of ten to thirteen years. Article 126.-Attack on a protected person for terrorist purposes.- The person who, on the occasion and in the development of armed conflict, performs any form of attack on
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protected person with the object of terrorizing the civilian population will be sanctioned with a custodial sentence of ten to thirteen years. Article 127.-Recruitment of children and adolescents.- The person who, on occasion and in the development of armed conflict, recruited or enlisted girls, children or adolescents in the armed forces or armed groups or used them to participate in the armed conflict, will be sanctioned with a custodial sentence of ten to thirteen years. Article 128.-Taking of hostages.- The person who, on the occasion and in the development of armed conflict, deprives another of his freedom, conditioning the life, integrity or his freedom to satisfy his demands made to a third party or the Use as a means for defence purposes will be sanctioned with a custodial sentence of ten to thirteen years. Article 129.-Infractions against active participants in armed conflict.- The person who, on occasion and in the development of armed conflict, performs any of the following conduct against an active participant, will be sanctioned with a custodial sentence of ten to thirteen years: 1. Observe to serve in any way in the forces
armed of the adversary. 2. Private it from the right to have a trial with the guarantees
of due process. 3. Unjustifiably prevent or delay their release or
repatriation. Article 130.-Arbitrary or illegal transfer.- The person who, on the occasion and in the development of armed conflict, transfers to the occupied territory a population of the occupying power, sport or move within or outside the occupied territory or part of the population of that territory, unless such actions are intended to protect the rights of that person or group of persons, shall be punishable by a custodial sentence of seven to ten years. Article 131.-Abolition and suspension of protected human rights.- The person who, on the occasion and in the development of armed conflict, declares the rights, constitutional guarantees or judicial actions of the persons abolished or suspended protected, will be sanctioned with a custodial sentence of seven to ten years. Article 132.-Environmental modification for military purposes.- The person who, on occasion and in the development of armed conflict, uses environmental modification techniques for military, combat or other hostile purposes as a means to produce destruction, extensive damage, lasting, serious or permanent damage to the environment, will be sanctioned with a custodial sentence of seven to ten years.
Article 133.-Refusal of protected person's judicial guarantees.- which, on the occasion and in the development of armed conflict, deprives a person of guarantees of due process, impose or execute a sentence without having been judged in a judicial process, will be sanctioned with a custodial sentence of five to seven years. Article 134.-Issue of relief and humanitarian assistance.- The person who, on occasion and in the development of armed conflict, omits the relief and humanitarian assistance measures in favor of the protected persons, being obliged to to do so, will be sanctioned with a custodial sentence of five to seven years. Article 135.-Protection of protective measures.- The person who, on occasion and in the development of armed conflict, omits the adoption of measures for the generic protection of the civilian population, being obliged to do so, will be sanctioned with punishment Five to seven years of imprisonment. Article 136.-Arbitrary contributions.- The person who, on occasion and in the development of armed conflict, imposes arbitrary contributions, will be sanctioned with a custodial sentence of five to seven years. Article 137.-Prolongation of hostilities.- The person who prolongs hostilities with the enemy, despite having been officially notified under the peace, armistice or truce agreement, will be sanctioned with a custodial sentence of five to five years. seven years. Article 138.-Destruction or appropriation of assets of the adverse party.- The person who, on occasion and in development of armed conflict, destroys, takes over or confiscates the goods from the adverse party, without imperative military necessity, shall be sanctioned with a custodial sentence of three to five years. Article 139.-Abuse of emblems.- The person who, at the time and in the development of armed conflict, without the right to do so, uses the emblem of the red cross, red crescent or red crystal, a distinctive sign, of any other sign or sign that is an imitation or that can be confused, will be sanctioned with a custodial sentence of one to three years.
CHAPTER SECOND CRIMES AGAINST THE RIGHTS OF
FREEDOM
SECTION FIRST Crimes against the inviolability of life
Article 140.-Murder.- The person who kills another will be sanctioned with a custodial sentence of twenty-two to twenty-six years, if one of the following circumstances concurs: 1. In the knowledge, the offending person has killed his/her
ascending, descending, spouse, living, sister, or brother.
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2. Place the victim in an defenseless situation,
inferiority or take advantage of this situation. 3. By flood, poisoning, fire, or
any other means endanger the life or health of other people
4. Search with that purpose, the night or the unpopulated. 5. Use medium or means capable of causing great
havoc. 6. Deliberately and inhumanely increase the pain to the
victim. 7. Prepare, facilitate, consummate or conceal another infringement. 8. Ensure the results or impunity of another offence. 9. If death occurs during concentrations
mass, tumult, popular shock, sporting event or public calamity.
10. Perpetrate the act against one or a dignitary or
popular choice candidate, elements of the Armed Forces or the National Police, prosecutors, judges or members of the Judicial Branch for matters related to their functions or witnesses
Article 141.-Femicide.- The person who, as a result of power relations manifested in any type of violence, of death to a woman for the fact that she is or because of her gender condition, will be punished with punishment Twenty-six years of imprisonment for twenty-six years. Article 142.-Aggravating circumstances of femicide.- When one or more of the following circumstances are present, the maximum penalty provided for in the previous article shall be imposed: 1. Haber intended to establish or re-establish a relationship
of a couple or of intimacy with the victim. 2. Exist or have existed between the active subject and the
victim family relations, conjugal, cohabitation, intimacy, dating, friendship, companionship, labor, school or any other that implies trust, subordination or superiority.
3. If the crime is committed in the presence of daughters, children or
any other relative of the victim. 4. The victim's body is exposed to or thrown into a
public place. Article 143.-Sicariato.- The person who kills another by price, payment, reward, salary promise or other form of benefit, for himself or a third party, shall be sanctioned with a custodial sentence of twenty-two to twenty-six years. The same penalty shall be applicable to the person, who directly or through intermediation, orders or orders the execution of this illicit.
The infringement shall be understood to have been committed in Ecuadorian territory and jurisdiction when the acts of preparation, organization and planning, are carried out in Ecuador, even if its execution is consumed in the territory of another State. The sole advertising or offer of sicariato will be sanctioned with a custodial sentence of five to seven years. Article 144.-Homicide.- The person who kills another shall be sanctioned with a custodial sentence of ten to thirteen years. Article 145.-culpable homicide.- The person who kills another person, will be punished with a custodial sentence of three to five years. With the same penalty, the public official will be punished, who, by not observing the objective duty of care, has granted permits, licenses or authorizations for the construction of civil works that have perished, and that as a consequence of this has caused the death of one or more people. Article 146.-culpable homicide due to bad professional practice.- The person who, in the course of the exercise or practice of his profession, has been in breach of an objective duty of care, occasioning the death of another, shall be punished with a custodial sentence one to three years. The process of enabling them to return to the profession, after the penalty has been completed, will be determined by the law. It will be sanctioned with a custodial sentence of three to five years if death is caused by unnecessary, dangerous and illegitimate actions. For the determination of the violation to the objective duty of care, the following must be found: 1. The mere production of the result does not configure
violation of the objective duty of care. 2. Enforcement of laws, regulations, ordinances,
manuals, technical rules or lex artis applicable to the profession.
3. The harmful outcome must come directly from the violation of the objective duty of care and not of other independent or related circumstances.
4. In each case the diligence, the degree of
professional training, the objective conditions, the predictability and the evitability of the fact will be analyzed.
Article 147.-Abortion with death.- When the means used for the purpose of doing to abort a woman causing death of the woman, the person who has applied them or indicated for that purpose, will be sanctioned with a custodial sentence of seven to ten years, if the woman has consented to the abortion; and, with a custodial sentence thirteen to sixteen years, if she has not consented.
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Article 148.-Non-consensual Abortion.- The person who does abort a woman who has not consented to it, will be sanctioned with a custodial sentence. freedom from five to seven years. If the means employed have not taken effect, it will be sanctioned as an attempt. Article 149.-Abortion consented.- The person who does abort a woman who has consented to it, will be sanctioned with a custodial sentence of one to three years. The woman who causes her abortion or allows another to cause it, will be sanctioned with a custodial sentence of six months to two years. Article 150.-Abortion not punishable.- The abortion practiced by a physician or other qualified health professional, who has the consent of the woman or her spouse, partner, intimate family members or their legal representative, when she does not know If it is possible to lend it, it will not be punishable in the following cases: 1. If it has been practiced to avoid a danger to the life or
health of the pregnant woman and if this danger cannot be avoided by other means.
2. If pregnancy is the result of a violation in
a woman suffering from mental disability.
SECTION SECOND Crimes against personal integrity
Article 151.-Torture.- The person who, to inflict on another person, severe pain or suffering, whether of a physical or mental nature or subject to conditions or methods which nullify his personality or diminish his physical or mental capacity, even if they do not cause physical pain or suffering or psychic; for any purpose in both cases, will be sanctioned with a custodial sentence of seven to ten years. The person who incurs in any of the following circumstances will be sanctioned with a custodial sentence of ten to thirteen years: 1. Take advantage of your technical knowledge to increase the
's pain2. The kite is a person who is an official or servant
public or other person in the exercise of public functions, at his instigation, or with his consent or acquiescence.
3. It is committed with the intention of modifying the identity
of gender or sexual orientation. 4. Be committed in person with disability, minor of
eighteen years, older than sixty-five years or pregnant woman.
The public servant or servant who has competence to avoid the commission of the violation of torture and omit to do so, will be sanctioned with a custodial sentence of five to seven years. Article 152.-Injuries.- The person who injures another will be sanctioned according to the following rules: 1. If as a result of the injuries occurs in the
victim a damage, illness or disability of four to eight days, it will be sanctioned with a custodial sentence of thirty to sixty days.
2. If you cause the victim damage, disability or
illness from nine to thirty days, you will be punished with a custodial sentence of two months to one year.
3. If you cause the victim harm, incapacity or
sickness of thirty-one to ninety days, you will be sanctioned with a custodial sentence of one to three years.
4. If you produce the victim a serious illness or a
decrease in your physical or mental faculties or an inability or illness, which is not permanent, exceeds ninety days, will be sanctioned with a custodial sentence of three to five years.
5. If it produces the victim in mental alienation, loss of
a sense or the faculty of speech, futility for the work, permanent incapacity, loss or inutilization of some organ or some serious communicable disease and incurable, will be sanctioned with a custodial sentence of five to seven years.
If the injury occurs during mass gatherings, tumult, popular commotion, sporting event or public calamity, it will be sanctioned with the maximum penalty of Planned freedom for each case, increased by one third. The injury caused by infringing a target duty of care, in any of the above cases, will be sanctioned with a custodial sentence of one quarter of the minimum penalty provided in each case. For the purpose of determining the infringement of the objective duty of care, the provisions of Article 146 shall be considered. The lesions derived from therapeutic actions performed by health professionals in compliance with the principle of need that would be precautionary to the patient's health will not be punishable. Article 153.-Abandonment of Person.- The person who leaves older adults, girls, children and adolescents, pregnant women, persons with disabilities or those suffering from catastrophic, high-complexity, rare or Orphans, placing them in a situation of distress and putting their life or physical integrity in real danger, will be sanctioned with a custodial sentence of one to three years.
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The injuries resulting from the abandonment of a person shall be punishable by the same penalties as for the crime of injury, increased by a third. If death occurs, the custodial sentence will be sixteen to nineteen years. Article 154.-Intimidation.- The person who threatens or intimates another person with causing harm that constitutes a crime to her, her family, persons with whom she is intimately linked, provided that, by background, the consummation of the fact, will be sanctioned with a custodial sentence of one to three years.
PARAGRAPH FIRST Crimes of violence against women or members of the
family core Article 155.-Violence against women or family members.- It is considered violence any action that consists of mistreatment, physical, psychological or sexual executed by a family member against the woman or other members of the family core. Members of the family nucleus are considered to be members of the spouse, the couple in union in fact or free union, living, ascending, descendants, sisters, brothers, relatives up to the second degree of affinity and persons with whom it is determined that the processed or processed person maintains or has maintained family, intimate, affective, conjugal, cohabitation, dating or cohabitation links. Article 156.-Physical violence against women or members of the family nucleus.- The person who, as a manifestation of violence against women or members of the family nucleus, causes injury, will be sanctioned with the same penalties provided for Injury crime increased by one-third. Article 157.-Psychological violence against women or members of the family nucleus.- The person who, as a manifestation of violence against women or members of the family nucleus, causes injury to mental health by acts of disturbance, threat, manipulation, blackmail, humiliation, isolation, surveillance, harassment or control of beliefs, decisions or actions, will be sanctioned as follows: 1. If mild damage is caused to affect any of the
dimensions of the integral functioning of the person, in the cognitive, affective, somatic, behavioral and relationship areas, without causing impairment in the performance of the their daily activities, will be sanctioned with a custodial sentence of thirty to sixty days.
2. If any of the
areas of personal, labor, school, family, or social functioning that cause harm in the fulfillment of their daily activities and therefore require specialized treatment, are moderately affected in any of the
in mental health, it will be sanctioned with penalty of six months to one year.3. If it causes severe psychological damage that even with specialized intervention has not been reversed, it will be sanctioned with a custodial sentence of one to three years.
Article 158.-Sexual violence against women or core members family.- The person who, as a manifestation of violence against the woman or a member of the family core, imposes itself on another and forces her to have sexual relations or other analogous practices, will be sanctioned with the penalties provided for in the crimes against sexual and reproductive integrity.
PARAGRAPH SECOND Contravention of violence against women or members
of the family core Article 159.-Violence against women or family members.- The person who wounds, injures, or hits the woman or members of the family core, causing her to injury or disability that does not pass from three days, will be sanctioned with a custodial sentence of seven to thirty days.
SECTION THIRD Crimes against personal freedom
Article 160.-Illegal deprivation of liberty.- La or the public servant who illegally deprives a person of liberty, will be punished with punishment One-to three-year-old deprivation of liberty. The public servant or the public servant who has the deprivation of liberty to a person in places other than those destined for the effect by the current regulations, will be punished with a custodial sentence of three to five years. Article 161.-Abduction.- The person who deprives, retains, hides, outbursts, or transfers to a place other than one or more persons, contrary to his will, shall be sanctioned with a custodial sentence of five to seven years. Article 162.-Extortion Kidnapping.- If the person executing the conduct sanctioned in Article 161 of this Code is intended to commit another offence or obtain from the victim or third persons money, property, securities, documents, benefits, actions or omissions that produce legal effects or that alter in any way their rights in exchange for their freedom, will be sanctioned with a custodial sentence of ten to thirteen years. The maximum penalty will be applied when any of the following circumstances are present: 1. If the victim's deprivation of liberty is prolonged
for more than eight days. 2. If any of the conditions imposed
have been met to recover the freedom.
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3. If the victim is a person under the age of eighteen,
older than sixty-five years, pregnant woman or person with a disability or suffering from life-threatening diseases.
4. If it is committed with ship or aircraft seizure,
vehicles or any other transport. 5. If committed in whole or in part from abroad. 6. If the victim is given to third parties in order to obtain
any benefit or ensure compliance with the requirement in exchange for their release.
7. If the behavior is executed with the intervention of a
person with whom the victim maintains labor, commercial or similar relationship; person of trust or relative within the fourth degree of consanguinity and second degree of affinity.
8. If the kidnapping is carried out for political purposes,
ideological, religious or advertising. 9. If the victim is subjected to physical or psychological torture,
having as a result non-permanent injuries, for as long as he remains kidnapped, provided that it does not constitute another offence that may be independently judged.
10. If the victim has been subjected to physical, sexual violence
or psychological violence, causing permanent injury. When the death victim is brought to death by reason of or on the occasion of the abduction, it shall be punishable by a custodial sentence of twenty-two to twenty-six years. Article 163.-Abduction Simulation.- The person who will be kidnapped will be sanctioned with a custodial sentence of six months to two years.
SECTION FOURTH Crimes against sexual and reproductive integrity
Article 164.-Non-consensual insemination.- The person who artificially insemates or transfers the fertilised egg to a woman without her consent shall be sanctioned with a custodial sentence of five to seven years. When the victim is under eighteen years of age or has no capacity to understand the meaning of the event or for any cause, he cannot resist it, who will be punished with a custodial sentence of seven to ten years. Article 165.-Forced reproduction of reproduction capacity.- The person who without justification of medical or clinical treatment, without consent or by vitiating the consent, free and informed, will definitely deprive another of his biological reproduction, will be sanctioned with a custodial sentence of seven to ten years.
When the victim is under eighteen years of age or does not have the capacity to understand the meaning of the event or for any cause cannot be To resist it, the custodial sentence will be ten to thirteen years. Article 166.-Sexual harassment.- The person who applies for any act of a sexual nature, for himself or for a third party, prevaliving a situation of employment, teaching, religious or similar authority, whether tutor or guardian, curator or curator, ministers of cult, education or health professional, responsible staff in the care and care of the patient or who maintains a family link or any other form that implies subordination of the victim, with the threat of causing the victim or third, an evil related to the legitimate expectations that it may have in the field of such relationship, will be sanctioned with a custodial sentence of one to three years. Where the victim is under eighteen years of age or a person with a disability or when the person is unable to understand the meaning of the event or for any cause cannot resist it, it shall be punishable by a custodial sentence of three to five years. years. The person who requests favors of a sexual nature that are against the sexual integrity of another person, and who is not provided for in the first paragraph of this article, will be sanctioned with a custodial sentence of six months to two years. Article 167.-Study.- The 18-year-old person who has sex with another, over fourteen and under eighteen years of age, will be punished with a custodial sentence of one to three years. Article 168.-Distribution of pornographic material to girls, boys, and adolescents.- The person who spreads, sells, or delivers to girls, children, or adolescents, pornographic material, will be sanctioned with a custodial sentence of one to three years. Article 169.-Corruption of girls, boys and adolescents.- The person who incites, drives or permits the entry of girls, children or adolescents to prostibullos or places where pornography is displayed, shall be sanctioned with a custodial sentence Three to five years. Article 170.-Sexual abuse.- The person who, against the will of another, executes on her or forces her to execute on herself or another person, an act of a sexual nature, without any penetration or carnal access, shall be sanctioned with custodial sentence of three to five years. Where the victim is less than fourteen years of age or with disabilities; where the person has no capacity to understand the meaning of the event or for any cause cannot resist it; or if the victim, as a result of the offence, suffers a physical injury or permanent psychological damage or a serious or fatal illness, will be sanctioned with a custodial sentence of five to seven years.
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If the victim is under the age of six, it will be punishable by a custodial sentence of seven to ten years. Article 171.-Violation.- It is violation of carnal access, with partial or full introduction of the virile member, orally, anal or vaginal; or the introduction, via vaginal or anal, of objects, fingers or organs other than the member virile, to a person of any sex. Who commits it, shall be punished with a custodial sentence of nineteen to twenty-two years in any of the following cases: 1. When the victim is deprived of reason or of the
meaning, or when due to illness or disability might resist.
2. When violence, threat or intimidation is used. 3. When the victim is under the age of fourteen. The maximum penalty provided for in the first indent shall be: 1. The victim, as a result of the infringement, suffers
a physical injury or permanent psychological damage. 2. The victim, as a result of the breach,
contracts a serious or fatal illness. 3. The victim is under the age of ten. 4. The aggressor is a guardian or guardian, legal representative,
curator or curator or any person in the intimate environment of the family or the environment of the victim, minister of worship or education or health professional or any person who have the duty of custody over the victim.
5. The or the aggressor is ascending or descending or
collateral up to the fourth degree of consanguinity or second degree of affinity.
6. The victim is under the care of the
for any reason. In all cases, if the victim's death occurs, it will be punishable by a custodial sentence of twenty-two to twenty-six years. Article 172.-Use of persons for public display for purposes of sexual nature.- The person who uses girls, children or adolescents, persons over sixty-five years or persons with disabilities to make them exhibit his or her body in whole or in part for purposes of sexual nature, shall be sanctioned with a custodial sentence of five to seven years. Article 173.-Sexual purpose contact with children under eighteen years by electronic means.- The person who, through an electronic or telematic means, proposes to arrange a meeting with a person under the age of eighteen, provided that such a proposal is accompanied by material acts aimed at the approach with sexual or erotic purpose, will be sanctioned with a custodial sentence of one to three years.
When the approach is obtained by coercion or intimidation, it will be sanctioned with a custodial sentence of three to five years. The person who supplants the identity of a third party or by the use of a false identity by electronic or telematic means, establishes communications of sexual or erotic content with a person under eighteen years of age or with disabilities, shall be sanctioned with a custodial sentence of three to five years. Article 174.-Offer of sexual services with children under eighteen years by electronic means.- The person, who uses or facilitates e-mail, chat, instant messaging, social networks, blogs, photoblogs, games in network or any another electronic or telematic means to offer sexual services with children under eighteen years of age, will be sanctioned with a custodial sentence of seven to ten years. Article 175.-Common provisions for crimes against sexual and reproductive integrity.- For the offences provided for in this Section, the following common provisions shall be observed: 1. In these offences, the judge or the judge, penalty
deprivation of liberty may impose one or more non-custodial sentences.
2. In cases where the alleged aggressor is
ascending or descending or collateral up to the fourth degree of consanguinity or second degree of affinity, spouse, ex-spouse, survivor, ex-survivor, partner or former partner in fact, guardian, legal representative, curator or conservator or any person in charge of the care or custody of the victim, the judge of Criminal Guarantees as a precautionary measure will suspend the fatherland authority, tutoring, curatela and any other modality of care about the victim in order to protect their rights. This measure may also be requested by the prosecutor, ex officio or petition by the competent judge.
3. For these crimes, the attenuating
provided for in Article 45 (2) of this Code shall not apply. 4. The victim's public or private behavior,
prior to the sexual infringement commission, is not considered within the process.
5. In sexual crimes, the consent given by the
victim under eighteen years of age is irrelevant.
6. Victims in these crimes can enter the
victim and witness program.
SECTION QUINTA Crimes against the Right to Equality
PARAGRAPH FIRST
Discrimination Crime Article 176.-Discrimination.- The person who saved the cases provided for as affirmative action policies will practice or incite any distinction, restriction,
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exclusion or preference on grounds of nationality, ethnicity, place of birth, age, gender, gender identity or sexual orientation, cultural identity, marital status, language, religion, ideology, socioeconomic status, migratory status, disability or health status with the aim of nullifying or impairing the recognition, enjoyment or exercise of rights under conditions of equality, shall be sanctioned with a custodial sentence of one to three years. If the violation punctuated in this article is ordered or executed by the public servants, it will be sanctioned with a custodial sentence of three to five years.
2ND HATE CRIME
Article 177.- Acts of hatred.- The person committing acts of physical or psychological violence against one or more persons on the basis of their nationality, ethnicity, place of birth, age, gender, gender identity or sexual orientation, cultural identity, status civil, language, religion, ideology, socioeconomic status, migratory status, disability, health status or HIV, will be sanctioned with a custodial sentence of one to three years. If the acts of violence cause injury to the person, it shall be punishable by the custodial sentences provided for the offence of aggravated injury by one third. If acts of violence produce the death of a person, it will be sanctioned with a custodial sentence of twenty-two to twenty-six years.
SECTION SIXTH Crimes against the right to personal privacy and
familiar Article 178.-Violation of Intimacy.- The person who, without the consent or legal authorization, accesses, intercepts, examines, holds, records, reproduces, disseminates or publishes personal data, data messages, voice, audio and video, postal items, information contained in computer media, private communications or reserved for any other person by any means, will be sanctioned with a custodial sentence of one to three years. These rules do not apply to the person who releases audio and video recordings in which he or she intervenes personally, or when it comes to public information in accordance with the provisions of the law. Article 179.-Revelation of secrecy.- The person who is aware by reason of his or her state or office, employment, profession or art, of a secret whose disclosure may cause harm to another person and disclose it, shall be sanctioned with a custodial sentence from six months to one year. Article 180.-Dissemination of restricted circulation information.- The person who spreads restricted circulation information will be sanctioned with a custodial sentence of one to three years.
It is circulation information restricted: 1. Information that is expressly protected with
a reservation clause previously provided for in the law. 2. Information produced by the Prosecutor's Office in the framework
of a previous investigation. 3. Information about girls, boys and
adolescents who violate their rights as provided for in the Organic Code of Childhood and Adolescence.
Article 181.-Violation of private property.- The person who, with deception or In a clandestine manner, enter or remain in residence, house, business, dependency or enclosure inhabited by another, contrary to the express or presumed will of those who have the right to exclude it, will be sanctioned with a custodial sentence of six months one year. If the event is executed with violence or intimidation, it will be sanctioned with a custodial sentence of one to three years. The person who, in the exercise of a public service, without proper authorization or out of the cases legally contemplated; or who with a false order of the public authority; or who in the suit or under the name of one of his agents, violates an address or place of work, shall be sanctioned with a custodial sentence of three to five years. In the domicile violation it is presumed that there is no consent of the owner or the owner or his manager when they are not present in the act that constitutes the infringement.
SECTION SEVENTH Crime against the right to honor and good name
Article 182.-Calumnia.- The person who, by any means, makes a false charge of a crime against another, will be sanctioned with a custodial sentence of six months to two years. They do not constitute slander of the statements discharged to the authorities, judges and courts, when the imputations have been made due to the defense of the cause. It will not be responsible for slander who will prove the veracity of the imputations. However, in no case shall it be admissible evidence of the imputation of a crime which has been the subject of a judgment of the innocence of the process, of dismissal or of the file. There shall be no criminal liability if the author of slander, voluntarily retracts before the execution of the sentence, provided that the publication of the retraction is carried out at the expense of the person responsible, is carried out in the same medium and with the same characteristics in which the imputation was spread. Retraction does not constitute a form of acceptance of guilt.
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SECTION EIGHTH
Crimes against freedom of expression and worship Article 183.-Restriction to freedom of expression.- The person who, by violent means, will take the right to freedom of expression, will be punished with a custodial sentence of six months to two years. Article 184.-Restriction to freedom of worship.- The person who, employing violence, prevents one or more individuals from professing any worship, will be sanctioned with a custodial sentence of six months to two years.
SECTION NINTH Property rights crimes
Article 185.-Extorsion.- The person who, for the purpose of obtaining personal benefit or for a third party, forces another, with violence or intimidation, to perform or omit an act or business (a) the legal basis for the damage to its assets or that of a third party shall be punishable by a penalty freedom from three to five years. The penalty will be five to seven years if any of the following circumstances are verified: 1. If the victim is a person under the age of eighteen,
older than sixty-five years, pregnant woman or person with a disability, or a person who suffer diseases that compromise your life.
2. If executed with the intervention of a person with
who the victim maintains work relationship, trade or similar or with a person of trust or relative within the fourth degree of consanguinity and second degree of affinity.
3. If the constraint is executed with threat of
death, injury, abduction or act of which calamity, misfortune or common danger can be derived.
4. If committed totally or partially from a place of
deprivation of liberty. 5. If committed in whole or in part from abroad. Article 186.-Estafa.- The person who, in order to obtain a patrimonial benefit for himself or for a third person, by simulating false facts or the deformation or concealment of true facts, mislead another, with the If you do an act that damages your estate or that of a third, it will be sanctioned with a custodial sentence of five to seven years. The maximum penalty will apply to the person who: 1. Defraud by using credit card, debit,
payment or the like, when she is altered, cloned, duplicated, stolen, stolen or obtained without legitimate consent from her owner.
2. Fraud by the use of electronic devices that alter, modify, clone or duplicate the original devices of an ATM to capture, store, copy or reproduce credit, debit, payment or credit card information similar.
3. Deliver false certification on the operations or
investments made by the legal person. 4. Induce the purchase or sale of securities by
means of any deceptive or fraudulent act, practice, mechanism or artifice.
5. Make quotes or dummy transactions against
of any value. The person who harms more than two persons or the amount of his or her injury is equal to or greater than 50 unified basic wages of the worker in general shall be sanctioned with a custodial sentence of seven to ten years. The scam committed through an institution of the National Financial System, of the popular and solidarity economy that perform financial intermediation through the use of public funds or Social Security, will be sanctioned with private punishment. of freedom from seven to ten years. The person issuing tickets or tickets for events in public settings or mass concentration by over the number of the capacity authorized by the competent public authority, shall be sanctioned with a custodial sentence of thirty to ninety days. Article 187.-Abuse of trust.- The person who holds, for himself or a third, money, assets or assets that are delivered on the condition of returning or using them in a given way, shall be sanctioned with a penalty of freedom from one to three years. The same penalty is imposed on the person who, abusing the signature of another, in white paper, extends with her some document to the detriment of the signatory or a third. Article 188.-Illicit use of public services.- The person who alters the control systems or counters to take advantage of the utilities of electrical energy, water, hydrocarbon derivatives, natural gas, gas Liquefied petroleum or telecommunications, for the benefit of itself or of third parties, or make direct connections, destroy, drill or manipulate the facilities of transport, communication or access to the mentioned services, will be sanctioned with penalty Six months to two years. The maximum penalty provided for shall be imposed on the public servant or servant who permits or facilitates the commission of the offence or omit to make the complaint of the commission of the offence. The person offering, providing or marketing public services of electricity, telecommunications or drinking water without being legally entitled, by concession,
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authorization, license, permit, conventions, records or any other form of administrative hiring, will be sanctioned with a penalty of freedom from one to three years. Article 189.-Robbery.- The person who, by means of threats or violence, subtract or takes over any other piece of furniture, is that violence takes place before the act to facilitate it, at the time of being committed or after being committed to seek impunity, will be sanctioned with a custodial sentence of five to seven years. When theft occurs only with force in things, it will be sanctioned with a custodial sentence of three to five years. If it is executed using substances that affect the volitive, cognitive and motor capacity, in order to subdue the victim, to leave it in a state of somnolence, unconsciousness or defenselessness or to force it to execute acts that with conscience and will would not have executed them, will be sanctioned with a custodial sentence of five to seven years. If, as a result of the theft, damage is caused to those provided for in Article 152 (5), it shall be punishable by a custodial sentence of seven to ten years. If the offence is committed on public goods, the maximum penalty will be imposed, depending on the circumstances of the offence, increased by a third. If, as a result of the theft, death is caused, the custodial sentence will be twenty-six years old. The police or military server that stole war material, such as weapons, ammunition, explosives or equipment for police or military use, will be punished with a custodial sentence of five to seven years. Article 190.-Fraudulent appropriation by electronic means.- The person who fraudulently uses a computer system or electronic and telecommunications networks to facilitate the appropriation of a foreign asset or to procure the non-consensual transfer of goods, securities or rights to the detriment of the latter or of a third party, for the benefit of his or her other person by altering, manipulating or modifying the operation of electronic networks, programmes, computer systems, telematic and telecommunications terminal equipment, will be sanctioned with a custodial sentence one to three years. The same sanction will be imposed if the offence is committed with the use of alarm or guard, discovery or decryption of secret or encrypted keys, use of magnetic or perforated cards, use of controls or instruments for remote opening, or breach of electronic, computer or other similar securities. Article 191.-Reprogramming or modifying mobile terminal equipment information.- The person who reprograms or modifies the information of
identification of mobile terminal equipment, will be sanctioned with a custodial sentence. freedom from one to three years. Article 192.-Exchange, marketing or purchase of mobile terminal equipment information.- The person who exchanges, markets, or purchases databases containing mobile terminal equipment identification information shall be sanctioned with a custodial sentence of one to three years. Article 193.-Mobile terminal identification replacement.- The person who replaces the manufacturing labels of the mobile terminals containing identification information for such equipment and places other labels instead with false or different identification information to the original, will be sanctioned with a custodial sentence of one to three years. Article 194.-Illicit marketing of mobile terminals.- The person marketing mobile terminals in violation of the provisions and procedures provided for in the regulations issued by the competent telecommunications authority, will be sanctioned with a custodial sentence of one to three years. Article 195.-Illicit infrastructure.- The person who owns infrastructure, programs, equipment, databases or labels that allow to reschedule, modify or alter the identification information of a mobile terminal equipment, shall be sanctioned with a custodial sentence of one to three years. It is not a crime, the opening of bands for the operation of mobile terminal equipment. Article 196.-Hurt.- The person who, without violence, threat or intimidation in person or force in things, is unlawfully seized of a piece of furniture, will be sanctioned with a custodial sentence of six months to two years. If the crime is committed on public goods, the maximum penalty will be imposed, increased by one third. For the determination of the penalty the value of the thing shall be considered at the time of the seizure. Article 197.-Hurt of goods for police or military use.- The police or military server that ferrets war material such as weapons, ammunition, explosives or equipment for police or military use, will be sanctioned with a custodial sentence of three five years. In the case of medicine, clothing, food or other species that affect the development of the National Police or the Armed Forces, it will be sanctioned with a custodial sentence of one to three years. Article 198.-Hurt of the requisitioned.- The law or the police or military server that, having practiced requisitions, appropriates the goods requisitioned, will be sanctioned with the maximum of the penalty foreseen for this offence.
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Article 199.-Abigeato.- The person who takes over one or more heads of caballar, beef, pork, lanar, will be punished with penalty One-to three-year-old deprivation of liberty. The same penalty shall be imposed on the person who, in order to appropriate, insert, alter, delete or falsify irons, marks, signs or other instruments or devices used for the identification of the heads of livestock. If the offence is committed forcefully, it will be sanctioned with a custodial sentence of three to five years. If committed with violence, it will be sanctioned with a custodial sentence of five to seven years. If, as a result of the crime, a person's death is caused, it will be sanctioned with a custodial sentence of twenty-two to twenty-six years. Article 200.-Usurpation.- The person who unlawfully despoils another one of the possession, possession or domain of a real property or of a real right of use, usufruct, room, easement or anti-resis, constituted on a building, shall be sanctioned with a custodial sentence of six months to two years. If illegitimate dispossession occurs with intimidation or violence, it will be sanctioned with a custodial sentence of one to three years. Article 201.-Occupation, illegal use of land or land traffic.- The person who, in order to obtain his or her own advantage, promotes or arranges illegal occupation or settlement on foreign lands, will be sanctioned with a custodial sentence. freedom from five to seven years. The maximum penalty shall be imposed on the person who, without the necessary administrative authorizations for the fractionation of an urban or rural property, offers for sale lots or plots of land on the premises and receives from the public, direct or indirectly, money or any other good from your estate. If the criminal liability of the legal person is determined, it will be sanctioned with the extinction and fine of one hundred to two hundred basic wages of the worker in general. Article 202.-Reception.- The person who hides, custodies, saves, transports, sells or transfers the holding, in whole or in part, of movable property, things or semovientes, knowing that they are a product of theft, theft or abigeate or without the documents or contracts that justify their ownership or tenure, shall be sanctioned with a custodial sentence of six months to two years. If by default the duty of diligence has not been assured that the or the grantor of such documents or contracts are persons whose data of identification or location is possible to establish, will be sanctioned with custodial sentence two to six months. Article 203.-Marketing of stolen or stolen police or military goods.- The police or military server that acquires, markets or transfers to
knowingly stolen or stolen property belonging to the Police National or the Armed Forces, will be sanctioned with a custodial sentence of three to five years. Article 204.-Damage to the good of others.- The person who destroys, inuses or undermines a foreign good will be sanctioned with a custodial sentence of two to six months. It will be sanctioned with a custodial sentence of one to three years, in any of the following cases: 1. If for the damage caused by paralyzing public services or
private. 2. If the objects are of recognized scientific importance,
historical, artistic, military or cultural. 3. If fire is used for damage or destruction of
movable property. 4. If they are real estate hosting meetings
mass. It will be sanctioned with a custodial sentence of three to five years, in any of the following cases: 5. If poisonous, corrosive or
toxic substances are used. 6. If another person's housing is severely destroyed,
preventing it from being resident in it. If explosives are used for damage or destruction of real estate, it will be sanctioned with a custodial sentence of five to seven years. The value of the good at the time of the offence shall be taken into account for the determination of the penalty. Article 205.-Fraudulent insolvency.- The person who in his or her own name or as legal representative, proxy, director, administrator or employee of an entity or company, simulate, by any means, a state of insolvency or bankruptcy for To avoid its obligations towards its creditors, it will be sanctioned with a custodial sentence of three to five years. The same penalty will be the same as the person who, as a legal representative, a proxy, director, administrator, knowing the state of insolvency in which the legal person who manages, agrees, decides or allows the company to issue securities public offer or make public offer of the same. If the criminal liability of legal persons is determined, the final closure of their premises or establishments and a fine of fifty to one hundred basic wages of the worker in general shall be imposed. Article 206.-Quiebra.- The person who, as a trader, is found guilty of fraud or fraudulent bankruptcy, will be punished with a custodial sentence of one to three years.
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Article 207.-Legal Person Fraudulent Bankruptcy.- When it comes to the bankruptcy of a company or a legal person, all or all Director, administrator or manager of the company, accountant or holder of books to cooperate in its execution, shall be sanctioned with a custodial sentence of three to five years. Article 208.-Concealment and other fraudulent acts for the benefit of the failed.- It shall be punishable by a custodial sentence of six months to two years: 1. The person who in gift of the failed subtract,
disassembly or hide, in all or in part, your movable or immovable property.
2. The person who is fraudulently present in the
bankruptcy and holds, either in his name or by person's interposition, assumed or exaggerated credits.
3. The person who is a creditor, stipulate with the
failed or any person, particular advantages, by reason of their votes in the deliberation relative to the bankruptcy or the person who has made a particular contract of which it is an advantage to your favor and against the failed asset.
4. The or the receiver of the embezzlement blamed for embezzlement
in the performance of his office.
SOLE PARAGRAPH Contraventions against the right of property
Article 209.-Theft of theft.- In case of theft does not exceed fifty percent of a unified basic salary of the worker in general, the person will be sanctioned with a custodial sentence of fifteen to thirty days. The value of the item at the time of the seizure shall be considered for the determination of the infringement. Article 210.-Counterbalance of abigeate.- In the event that the subtracted does not exceed a unified basic salary of the worker in general, the person shall be sanctioned with a custodial sentence of fifteen to thirty days. For the determination of the violation, the value of the item at the time of the seizure will be considered.
SECTION DECIMAL Crimes against the right to identity
Article 211.-Suppression, alteration or assumption of identity and marital status.- The person who unlawfully prevents, alters, adds or deletes the registration of his or her identity data in computer programs, items, index cards, cards or any other document issued by the Directorate-General for Civil Registry, Identification and Cedulation or its Dependencies or, enrol as their own, in the Directorate General of Civil Registry, Identification and Cedulation to a person who is not their child, will be sanctioned with a custodial sentence of one to three years.
The person who illegally alters the identity of a girl or child; replace it with another; surrender or record false or alleged data about a birth; usurp the legitimate paternity or maternity of a child or child or falsely declares the death of a newborn, shall be punished by penalty Three to five years of imprisonment. Article 212.-Impersonation.- The person who in any way supplant the identity of another to obtain a benefit for himself or for a third party, to the detriment of a person, shall be sanctioned with a custodial sentence of one to three years.
SECTION 11TH Crimes against migration
Article 213.-Illegal trafficking of migrants.- The person who, in order to obtain directly or indirectly economic or other benefit from material order for any medium, promote, capture, engage, facilitate, induce, finance, collaborate, participate or assist the illegal migration of nationals or foreigners, from the territory of the Ecuadorian State to other countries or vice versa or, facilitate their irregular stay in the country, provided that this does not constitute a more serious infringement, will be sanctioned with custodial sentence of seven to ten years. The same penalty shall be imposed on the owners of the air, sea or land transport vehicles and the persons who are part of the crew or in charge of the operation and driving, if their knowledge and participation in the operation are established. infringement. If migrant trafficking falls on girls, boys or adolescents or persons in a situation of vulnerability, it will be punishable by a custodial sentence of ten to thirteen years. Where the victim's death is caused as a result of the offence, it shall be punishable by a custodial sentence of twenty-two to twenty-six years. If the legal person's criminal liability is determined, it will be sanctioned with the extinction of the legal person.
CHAPTER THIRD CRIMES AGAINST GOOD
LIVE
SECTION FIRST Crimes against the Right to health
Article 214.-Genetic manipulation.- The person who manipulates human genes by altering the genotype, for purposes other than to prevent or combat a disease, will be sanctioned with a custodial sentence of three to three years. five years. The person who performs gene therapy in germ cells, for purposes other than that of fighting a disease, will be sanctioned with a custodial sentence of five to seven years.
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The person who generates human beings by cloning will be sanctioned with a custodial sentence of seven to ten years. Article 215.-Permanent Damage to Health.- The person who uses biological, chemical or radioactive elements that cause irreparable, irreversible or permanent damage to the health of one or more persons shall be sanctioned with a custodial sentence. freedom from seven to ten years. Article 216.-Pollution of substances intended for human consumption.- The person who alters, putting at risk, the life or health, materials or foodstuffs or alcoholic beverages intended for human consumption, shall be punished by penalty Three to five years of imprisonment. With the same penalty the person who, knowing of the alteration, participates in the chain of production, distribution and sale or, in the non-observance of the respective norms regarding the control of the food, will be sanctioned. The commission of this infringement will be punished, and will be sanctioned with a custodial sentence of two to six months. Article 217.-Production, manufacture, trade-lization and distribution of expired medicinal products and products.- The person who imports, produces, manufactures, markets, distributes or dispenses falsified medicinal products or medical devices or It shall not comply with the regulatory requirements relating to its composition, stability and effectiveness, and shall be sanctioned with a custodial sentence of three to five years. The person who dispenses or takes out expired medicinal products and thereby endangers the life or health of persons shall be punished with a custodial sentence of six months to two years and disqualification for the exercise of the profession or profession. for six months. If the criminal liability of a legal person is determined, it shall be punishable by a fine of 30 to 50 unified basic wages of the worker in general and the extinction of the worker. Article 218.-Disattention of the health service.- The person who, in the obligation to provide a health service and with the capacity to do so, refuses to attend to patients in a state of emergency, will be sanctioned with a custodial sentence one to three years. If the death of the victim occurs, as a consequence of the neglect, the person will be sanctioned with a custodial sentence of thirteen to sixteen years. If a legal person's criminal liability is determined, it will be sanctioned with a fine of thirty to fifty unified basic wages of the worker in general and his temporary closure.
SECTION SECOND Offences for production or traffic Illicit substances
cataloged subject to audit Article 219.-Illicit production of scheduled substances subject to audit.- The person who directly or indirectly without authorization and requirements is provided the relevant rules: 1. Produce, manufacture, extract or prepare, substances
narcotic drugs, psychotropic substances or preparations containing them, shall be sanctioned with a custodial sentence of seven to ten years
2. Produce, manufacture or prepare precursors and chemicals
specific to the illicit manufacture of narcotic and psychotropic substances or preparations containing them, shall be sanctioned with a custodial sentence of three to five years.
Article 220.-Illicit trafficking of scheduled substances subject to audit.- The person who directly or indirectly without authorization and requirements provided for in the relevant legislation: 1. " sell, store, broker, distribute, buy,
, send, transport, trade, import, export, import, have, possess or in general carry out illicit trafficking of narcotic and psychotropic substances or preparations containing them, in the amounts indicated on the scales provided for in the relevant regulations, will be sanctioned with custodial sentence as follows:
a) Minimum scale of two to six months. b) Medium scale of one to three years. c) High scale from five to seven years. d) Large scale of ten to thirteen years.
2. Offer, store, broker, distribute, buy,
sell, send, transport, market, import, export, have, possess or in general carry out illicit trafficking of chemical precursors or specific chemicals, intended for the illicit manufacture of narcotic and psychotropic substances or preparations containing them, shall be sanctioned with a custodial sentence of five to seven years.
If the narcotic and psychotropic substances or preparations which the contain, offer, sell, distribute or deliver to girls, children or adolescents, the maximum of the increased penalty by one third. The possession or possession of narcotic or psychotropic substances for use or personal consumption in the quantities laid down by the relevant legislation shall not be punishable. Article 221.-Organization or financing for the illicit production or trafficking of scheduled substances subject to audit.- The person who directly or indirectly finances or organizes, activities or groups of
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persons engaged in the illicit production or trafficking of scheduled substances subject to supervision shall be sanctioned with a custodial sentence sixteen to nineteen years. Article 222.-Sowing or growing.- The person who sows, cults or coses plants to extract substances that themselves or by whose active substances they are to be used in the production of narcotic and psychotropic substances, with the marketing purposes, will be sanctioned with a custodial sentence of one to three years. Article 223.-Supply of narcotic substances, psychotropic substances or preparations containing them.- The person who, by deception, violence or without the consent of another, supplies narcotic, psychotropic or prepared substances which contain them, will be sanctioned with a custodial sentence of one to three years. Article 224.-Unjustified prescription.- The health professional or health professional who, without justified cause, recesses narcotic substances, psychotropic substances or preparations containing them, shall be punished with a custodial sentence of one to three years. If you prescribe the prescription to one or an absolute incapable, pregnant women, disabled or older adults, you will be punished with a custodial sentence of three to five years. Article 225.-Bad faith actions to involve in crimes.- The person who puts narcotic or psychotropic substances in the clothing or the goods of a person, without the consent of the person, in order to incriminate it in any of the offences sanctioned in this chapter; take some action to that end or arrange for such facts, shall be sanctioned with a custodial sentence of five to seven years. If the person who incurs the conduct defined in the previous paragraph is a public servant or pretends to comply with competent authority orders, he/she shall be sanctioned with the maximum of the custodial sentence. Article 226.-Destruction of material objects.- In all the offences referred to in this Section, the penalty for the destruction of the material objects of the infringement shall be imposed, including plants, substances, laboratories and any other object which has a direct relation to or ends with the infringement or its perpetrators. The court or judgment may declare the instruments or effects of the infringement to be of social benefit or public interest and authorize its use. Article 227.-Listed substances subject to audit.- For the purposes of this Code, classified substances subject to supervision, narcotic drugs, psychotropic substances, chemical precursors and specific chemicals are considered.
Article 228.-Eligible quantity for personal use or consumption.- The holding or possession of narcotic, psychotropic or prepared substances for personal consumption shall be regulated by the corresponding regulations.
SECTION THIRD Systems Asset Security Crimes
information and communication Article 229.-Illegal database disclosure.- The person who, in his or her own advantage, reveals recorded information, contained in files, files, databases or similar means, through or directed to an electronic, computer, telematic or telecommunications system; materializing voluntarily and intentionally the violation of secrecy, privacy and The privacy of individuals will be sanctioned with a custodial sentence of one to three years. If this conduct is committed by one or a public servant, employees or internal banking employees or institutions of the popular and solidarity economy that perform financial intermediation or contractors, it shall be sanctioned with a custodial sentence Three to five years. Article 230.-Illegal data interceptation.- It will be sanctioned with a custodial sentence of three to five years: 1. The person who without prior judicial order, in profit
own or a third party, intercepts, listens, detours, writes or notice, in any form, a computer data at the source, destination or inside of a computer system, a signal or a transmission of data or signals for the purpose of obtaining information recorded or available.
2. The person who designs, develops, sells, runs,
schedules or sends messages, security certificates or electronic pages, links or pop-up windows, or modifies the domain name resolution system of a financial service or electronic payment or other personal or trusted site, in such a way as to induce a person to enter a different address or website than the one you want to access.
3. The person who through any media copy,
clone or markets information contained in the magnetic bands, chips, or other electronic device that is supported on credit, debit, payment, or similar cards.
4. The person who produces, manufactures, distributes, owns, or
provides materials, electronic devices, or computer systems intended for the commission of the offense described in the preceding paragraph.
Article 231.-Transfer person who, for profit, alters, manipulates or modifies the functioning of a software or a computer system or a telematic or data message, in order to obtain the transfer or non-consensual appropriation of
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an asset assets of another person to the detriment of this or a third party shall be sanctioned with a custodial sentence of three to five years. With the same penalty, the person who provides or provides details of his or her bank account with the intention of obtaining, receiving or illegally obtaining a patrimonial asset through an electronic transfer proceeds from this crime will be sanctioned. for himself or another person. Article 232.-Attack on the integrity of computer systems.- The person who destroys, damages, borres, deteriorates, alters, suspends, trabé, causes malfunction, unwanted behavior, or deletes computer data, mail messages electronic, information processing systems, telematic or telecommunications to all or parts of its logical components that govern it, will be sanctioned with a custodial sentence of three to five years. With the same penalty the person who: 1. Design, develop, schedule, acquire, send,
/or, execute, sell or distribute in any way, malicious devices or software or programs intended to cause the effects noted in the first paragraph of this article.
2. Destroy or alter without the authorization of its holder, the
technological infrastructure necessary for the transmission, reception or processing of information in general.
If the infringement is committed on computer goods destined for the the provision of a public service or linked to citizen security, the penalty will be five to seven years of deprivation of liberty. Article 233.-Offences against lawfully reserved public information.- The person who destroys or inuses classified information in accordance with the Law shall be sanctioned with a custodial sentence of five to seven years. The public servant or server who, using any electronic or electronic means, obtain this type of information, will be punished with a custodial sentence of three to five years. In the case of reserved information, the disclosure of which may seriously compromise the security of the State, the public servant or the public servant in charge of the custody or legitimate use of the information which is disclosed without the relevant authorisation that information shall be punishable by a custodial sentence of seven to ten years and the disqualification to exercise a public office or function for six months, provided that no further serious infringement is established. Article 234.-Non-consensual access to a computer, telematic or telecommunications system.- The person who without authorization access in whole or in part to a computer system or telematic or telecommunications system or is kept inside of the same against the will of whoever has the legitimate right,
to illegitimately exploit the access achieved, modify a web portal, to divert or redirect of data traffic or voice or to offer services that these systems provide to third parties, without paying them to the legitimate service providers, will be punished with the penalty
SECTION FOURTH Crimes Against Consumer Rights,
Users and Other Market Agents Article 235.-Enwon the buyer with respect to the identity or quality of the the goods or services sold.- The person who causes error to the buyer or user about the identity or quality of the goods or service sold, fraudulently delivering a different object or service offered in advertising, information or contract or about the nature or origin of the thing or service sold, delivering a similar in appearance to which you have bought or believed to buy, will be sanctioned with a custodial sentence of six months to one year. If the criminal liability of a legal person is determined, it shall be punishable by a fine of 10 to 15 unified basic wages of the worker in general. Article 236.-Casinos, gaming rooms, betting houses or businesses engaged in the conduct of gambling.- The person administering, operating or setting up casinos, gaming rooms, betting houses or dedicated businesses the performance of games of chance, will be sanctioned with a custodial sentence of one to three years. The person who for profit carries out the activities mentioned in the previous paragraph, simulating that he does not profit, will be sanctioned with a custodial sentence of three to five years. The instruments, products or revenues used or obtained by the infringement will be curated.
SECTION QUINTA Crimes against the right to culture
Article 237.-Destruction of assets cultural.- The person who damages, deteriorates, totally or partially destroys, property belonging to the cultural patrimony of the State, considered as such in the national legislation or in the international instruments ratified by the Ecuador, without to import the actual right which it has on them, will be sanctioned with a custodial sentence freedom from one to three years. The same penalty shall be punishable by the server or the servant or the public employee acting by himself or as a member of a collegiate body, authorizing or permitting, against the law, modifications, alterations or overthrows that cause destruction or damage property belonging to the Cultural Heritage of the Nation; as well as to the official or employee whose report or opinion has led to the same result.
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When the reconstruction or restoration of the object of the infringement is not possible, the maximum of the custodial sentence shall apply. If the criminal liability of a legal person is determined, the dissolution penalty shall be imposed. Article 238.-Illicit transport and marketing and trafficking of cultural heritage property.- The person who unlawfully transports, acquires, enacts, intermediates, exchanges or commercializes goods belonging to the cultural heritage of the State, considered as such in national law or in international instruments ratified by Ecuador, regardless of the actual right it has on them, will be sanctioned with a custodial sentence of five to seven years. If the behaviors typified in this article are committed on archaeological assets, the custodial sentence of seven to ten years will be imposed. Article 239.-Counterfeiting or adulteration of cultural heritage property.- The person who falsifies, replaces or adulterates goods of the cultural heritage of the State, considered as such in national legislation and instruments The international community ratified by Ecuador, regardless of the actual right that it has on them, will be sanctioned with a custodial sentence of six months to two years. Article 240.-Süstraction of cultural heritage property.- The person who subtract goods belonging to the cultural heritage of the State, considered as such in national legislation and international instruments ratified by the Ecuador, regardless of the actual right that is held on them, will be sanctioned with a custodial sentence of three to five years. The person who subtracted these goods, using force in things, will be sanctioned with a custodial sentence of five to seven years. If committed with violence or threat against custodians, guarders, forks or any person, it will be sanctioned with a custodial sentence of seven to ten years.
SECTION SIXTH Crimes against the Right to Work and Security
Social Article 241.-Impairment or limitation of the right to strike.- The person who, by means of deception or abuse of need, prevents or limits the exercise of the right to take part in a strike, shall be sanctioned with custodial sentence of two to six months. If the conduct described is carried out with force, violence or intimidation, the sentence will be six months to one year. Article 242.-Illegal retention of contribution to social security.- The person who retains the employer's or personal contributions or carries out the discounts for rehabilitation of service times or dividends of mortgage loans and The operating rooms of their workers
and do not deposit them in the Ecuadorian Social Security Institute within the maximum period of ninety days, counted from the date of the respective retention, will be sanctioned with a custodial sentence one to three years. For the purpose, the Director General or the Provincial Director of the Ecuadorian Social Security Institute, where appropriate, will be directed to the Office of the Prosecutor General to initiate the investigation. If the criminal liability of the legal person is determined, it shall be sanctioned with the closure of its premises or establishments, until it cancels the securities due. Article 243.-Lack of affiliation to the Ecuadorian Social Security Institute by a legal person.- In the case of legal persons who do not comply with the obligation to affiliate one or more of their workers to the Institute Ecuador for Social Security, will impose the intervention of the competent control entity for the time necessary to protect the rights of the workers and will be sanctioned with a fine of three to five unified basic salaries of the worker in general, for each non-affiliated employee, provided that they do not pay the respective value within of the forty-eight hour period after being notified.
SECTION SEVENTH Violation of the right to work
Article 244.-Lack of affiliation to the Ecuadorian Social Security Institute.- The The employer, who does not support his workers to compulsory social insurance within thirty days, counted from the first day of work, will be punished with a custodial sentence of three to seven days. The penalties provided will be imposed as long as the person does not pay the respective value, within the forty-eight hour period after being notified.
CHAPTER FOURTH Environment and Nature Crimes or Pacha
Mama
SECTION FIRST Biodiversity Crime
Article 245.-Invasion of areas of ecological importance.- The person who invades the areas of the National System of Protected Areas or fragile ecosystems, will be sanctioned with a custodial sentence of one to three years. The maximum penalty will be applied when: 1. As a result of the invasion, damage is caused
serious to biodiversity and natural resources. 2. Promote, fund or lead the invasion
taking advantage of people with deception or false promises.
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Article 246.-Wildfires and vegetation.- The person who directly or indirectly causes fires or instils the commission of such fires. acts, in native forests or planted or stopped, will be sanctioned with a custodial sentence of one to three years. Except for agricultural or domestic quemas made by the communities or small farmers within its territory. If these quemas become uncontrollable and cause forest fires, the person will be punished for culpable crime with a custodial sentence of three to six months. If, as a result of this crime, one or more persons are killed, it will be punishable by a custodial sentence of thirteen to sixteen years. Article 247.-Offences against wild flora and fauna.- The person who cace, fish, catches, collects, extracts, has, transport, traffic, benefits, permute or commercializes, specimens or parts thereof, its constituent elements, products and derivatives, of terrestrial, marine or aquatic flora or fauna, of threatened, endangered and migratory species, listed at national level by the National Environmental Authority as well as international instruments or treaties ratified by the State, will be sanctioned with a custodial sentence of one to three years. The maximum of the expected penalty shall be applied if one of the following circumstances is present: 1. The fact is committed in period or production area
of seed or of reproduction or of incubation, nesting, parturition, breeding or growth of the species.
2. The fact is done within the National System of
Protected Areas. Except for this provision, only hunting, fishing or subsistence catch, practices of traditional medicine, as well as the use and domestic consumption of wood by the communities in their territories, whose purposes are not are commercial and non-profit, which must be coordinated with the National Environmental Authority. Article 248.-Crimes against the resources of the national genetic heritage.- The attack against the Ecuadorian genetic heritage constitutes a crime in the following cases: 1. Unauthorized access: the person who is in breach of the
national regulations access genetic resources of the national patrimony that includes or not an associated intangible component, will be sanctioned with a custodial sentence of three to five years of imprisonment. The penalty will be aggravated by a third if access has been shown to have commercial purpose.
2. Genetic erosion: the person who with his or her actions or
omissions enters, reproduce, traffics or commercializes organic and inorganic organisms or material that may permanently alter the national genetic heritage, including or The
non-component
associated intangible, will be sanctioned with a custodial sentence of three to five years, taking into consideration the value of the damages caused.3. Genetic loss: the person who with his or her actions or
omissions causes loss of the national genetic patrimony, including or not an associated intangible component will be sanctioned with a custodial sentence of three to five years, taking In consideration of the value of the damages caused.
SINGLE PARAGRAPH
Contravention of the mistreatment and death of pets or pets
Article 249.-Maltreatment or death of pets or pets.- The person who by action or omission causes damage, causes injury, deterioration to the physical integrity of a pet or pet animal, will be sanctioned with a penalty of fifty to one hundred hours of community service. If the animal's death is caused, it will be sanctioned with a custodial sentence of three to seven days. Except for this provision, actions aimed at putting an end to suffering caused by serious accidents, diseases or for reasons of force majeure, under the supervision of a specialist in the field. Article 250.-Peleas or combats between dogs.- The person who participates dogs, trains, organizes, promotes or schedules fights between them, will be sanctioned with a custodial sentence of seven to ten days. If it causes mutilation, injury or death of the animal, it will be sanctioned with a custodial sentence of fifteen to thirty days.
SECTION SECOND Crimes against natural resources
Article 251.-Water crimes.- The person who contravened the current regulations, contamine, wishes or alters the bodies of water, vertients, sources, ecological flows, natural waters of the river basins or groundwater and in general the hydrobiological resources or carry out discharges into the sea causing serious damage, will be sanctioned with a penalty Three to five years of imprisonment. The maximum penalty shall be imposed if the offence is committed in a space of the National System of Protected Areas or if the offence is committed for profit or with methods, instruments or means resulting in extensive and permanent damage. Article 252.-Crimes against soil.- The person who contravened the current regulations, in relation to the plans of territorial and environmental management, changes the use of the forest floor or the soil for the maintenance and conservation of Native ecosystems and their ecological functions, affecting or damaging their fertile soil, causing erosion or desertification, causing serious damage, will be sanctioned with a custodial sentence of three to five years.
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The maximum penalty shall be imposed if the offence is committed in a space of the National Protected Area System or if the offence is committed for profit or with methods, instruments or means resulting in extensive and permanent damage. Article 253.-Air pollution.- The person who, in contravention of the rules in force or not to take the measures required by the rules, contains the air, the atmosphere or other components of the airspace at such levels as they result serious harm to natural resources, biodiversity and human health, will be sanctioned with a custodial sentence of one to three years.
SECTION THIRD CRIMES against environmental management
Article 254.-Management prohibited or not authorised products, waste, waste or dangerous substances.- The person who, Contrary to the rules in force, develop, produce, have, dispose, burn, commercialize, enter, import, transport, store, deposit or use, products, waste, wastes and chemicals or dangerous substances, and with this It will produce serious damage to biodiversity and natural resources, it will be sanctioned with a custodial sentence of one to three years. It shall be sanctioned with a custodial sentence of three to five years in the case of: 1. Chemical, biological or nuclear weapons. 2. Chemical and Agrochemicals banned, pollutants
highly toxic persistent organic and radioactive substances.
3. Dissemination of diseases or pests. 4. Technologies, experimental biological agents or
genetically modified organisms harmful to human health or harmful to biodiversity and natural resources.
The death penalty will be punishable by a custodial sentence of sixteen to nineteen years. Article 255.-Falsehood or concealment of environmental information.- The person who issues or provides false information or hides information that is of sustenance for the issuance and granting of environmental permits, impact studies environmental, environmental audits and diagnostics, permits or licenses for forest use, which cause the environmental authority to make a mistake, will be sanctioned with a custodial sentence of one to three years. The maximum penalty shall be imposed if the public servant or server, in connection with its functions or taking advantage of its quality of server or its responsibilities to carry out the control, process, issue or approve with false information environmental permits and the other established in this article.
SECTION FOURTH Common Provisions
Article 256.-National Environmental Authority definitions and standards.- The National Environmental Authority shall determine for each crime against the environment and nature the technical definitions and scope of serious harm. It will also establish rules related to the right of restoration, identification, fragile ecosystems and the lists of species of wild flora and fauna of threatened, endangered and migratory species. Article 257.-Obligation to restore and repair.- The penalties provided for in this chapter will be applied concomitantly with the obligation to restore the ecosystems integrally and the obligation to compensate, repair and compensate the persons and communities affected by the damage. If the State assumes that responsibility, through the National Environmental Authority, it will repeat it against the natural or legal person who directly or indirectly causes the damage. The competent authority shall lay down rules relating to the right of restoration of nature, which shall be binding. Article 258.-Penalty for legal persons.- In the offences provided for in this Chapter, if criminal liability is determined for the legal person, the following penalties shall be imposed: 1. Fine from one hundred to three hundred basic salaries unified
of the worker in general, temporary closure, comiso and the remediation of environmental damage, if the offence has a penalty of imprisonment of one to three years.
2. Fine of two hundred to five hundred basic wages
unified of the worker in general, temporary closure, comiso and the remediation of the environmental damages, if the crime has a penalty of imprisonment of three to five years.
3. Fine of five hundred to one thousand basic wages unified
of the worker in general, definitive closure, comiso and the remediation of the environmental damages, if the crime has a penalty of imprisonment of more than five years.
Article 259.-Athenas.- It may be reduced to a quarter of the penalties contained in this Chapter, when the person who has committed the offence, takes the measures and actions that compensate for the environmental damage. The rating and monitoring of measures and actions will be done under the responsibility of the National Environmental Authority.
SECTION QUINTA Crimes against non-renewable natural resources
PARAGRAPH 1
Crimes against mining resources Article 260.-Illicit activity of mining resources.- The person who without authorization from the competent authority,
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extract, exploit, explore, leverage, transform, transport, market or store mining resources, be sanctioned with a penalty of freedom from five to seven years. In the case of artisanal mining, it will be sanctioned with a custodial sentence of one to three years. If the product of this illegal is caused damage to the environment, it will be sanctioned with a custodial sentence of seven to ten years. Article 261.-Financing or supply of machinery for the illicit extraction of mining resources.- The person who, for the benefit of himself or of third parties, finances or supplies any title, machinery, equipment, tools and in general any instrument used to perform the illicit activities described in the previous article, will be sanctioned with a custodial sentence of three to five years.
PARAGRAPH SECOND Crimes against the activity of the oil, derivatives
of hydrocarbons, liquefied petroleum gas and biofuels
Article 262.-Paralization of the fuel distribution service.- The person who unreasonably paralyse or suspends the public service of the distribution or distribution of hydrocarbons or its derivatives, including gas Liquefied petroleum and biofuels, will be sanctioned with a custodial sentence of six months to one year. Article 263.-Adulteration of the quality or quantity of products derived from hydrocarbons, liquefied petroleum gas or biofuels.- The person who by himself or through a third party, fraudulently or underground adulterated the quality or the quantity of hydrocarbons or their derivatives, including liquefied petroleum gas and biofuels, shall be sanctioned with a custodial sentence of one to three years. Article 264.-Storage, transport, packaging, marketing or illegal distribution or misuse of petroleum products, liquefied petroleum gas or biofuels.- The person who without proper authorization, stores, transport, packaging, placing on the market or distributing products or derivatives thereof, including liquefied petroleum gas and biofuels or being authorised, diverted to a different segment, shall be sanctioned with a custodial sentence three years. Persons using hydrocarbon derivatives, including liquefied petroleum gas and biofuels, in activities other than those expressly permitted by the Law or competent authority, shall be sanctioned with a custodial sentence of one to three years. Article 265.-Storage, transport, packaging, marketing or illegal distribution of hydrocarbons in the border provinces, sea or river ports or territorial sea.- The person who, in the border provinces, ports maritime, river or sea
territorial, storage, transport, packaging, marketing or distribution without proper authorization, products derived from hydrocarbons including liquefied petroleum gas or biofuels, will be sanctioned with penalty Five to seven years of imprisonment. With the same penalty, it will be sanctioned in the event that the presence of a legally authorized substance is not detected, that the fuels allow to be identified or that modify the original structure of the means of transport without having the the authorisation of the entity of the State concerned. Article 266.-Shustraction of hydrocarbons.- The person who, by fraudulent or clandestine means, takes over hydrocarbons, their derivatives, including liquefied petroleum gas and biofuels, when transported through a pipeline, pipeline, polyductus or through any other means or when they are stored in immediate sources of supply or pumping plants, will be sanctioned with a custodial sentence of five to seven years. Article 267.-Sanction to the legal person.- If the legal person's liability is determined by the actions typified in this Section, it will be sanctioned with a fine of five hundred to one thousand basic wages of the worker in
CHAPTER FIFTH CRIMES AGAINST LIABILITY
CITIZEN
SECTION FIRST Crimes against Effective Judicial Protection
Article 268.-Prevaricate of the judges or arbitrators.- The members of the judicial career or the arbitrators in law who are entitled to They fail to express, to the detriment of one of the parties; they come against the express law, doing what prohibits or ceasing to do what it commands, in the substantiation of the causes or know causes in which they have sponsored one of the parts as lawyers, attorneys, prosecutors or prosecutors, will be punished with a custodial sentence of three to five years. It shall also be imposed for the exercise of the profession or office for a period of six months. Article 269.-Prevaricate of the lawyers.- The lawyer, defender or prosecutor who in the trial reveals the secrets of his or her person defended to the contrary or who after having defended a party and learning of his or her means of defense, abandon it and defend the other, it will be sanctioned with a custodial sentence of one to three years. Article 270.-Perjure and false testimony.- The person who, when declaring, confessing, informing or translating before or with competent authority, is missing the truth under oath, commit perjury, shall be sanctioned with a custodial sentence of three to five years; when he does so without oath, he commits false testimony, will be sanctioned with a custodial sentence of one to three years.
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Similarly, perjury is committed when the truth has been knowingly lacking in sworn or sworn property statements made to Notary Public If perjury is committed in criminal proceedings, it will be sanctioned with a custodial sentence of seven to ten years. If the false testimony is committed in criminal proceedings, it will be sanctioned with a custodial sentence of five to seven years. The cases of versions and testimony of the suspect or of the suspect or the person prosecuted, both in the pretrial phase and in the criminal proceedings, are excepted. Article 271.-Malicious Accusation or Complaint.- The person who proposes a particular complaint or accusation whose facts are not proven, provided that the charge or complaint is judicially declared as malicious, will be punished with penalty Six months ' imprisonment for one year. Article 272.-Procedural fraud.- The person who, in order to mislead the judge or the judge, in the course of a civil or administrative procedure, before a criminal procedure or during the procedure, hides the instruments or evidence, changes the State of affairs, places or persons, will be sanctioned with a custodial sentence of one to three years. With the same penalty it will be sanctioned who knowing the criminal conduct of one or more persons, supply them with accommodation or hiding place, or provide them the means to take advantage of the effects of the crime committed, or they favor them hiding the materials or evidence of the offence, or by using the signs or traces of the offence, to prevent their repression and those who, by reason of their occupation, employment, art or craft, have to carry out the examination of the signs or traces the crime or the clarification of the act punishable, concealed or altered the truth, with the purpose of Encourage them. Article 273.-Disclosure of identity of undercover agent, informant, witness or protected person.- The person who improperly reveals the actual or new identity, the current address or whereabouts or other data that allows or for the occasion know information to identify and place an undercover agent, informant, witness or protected person, to be sanctioned with a custodial sentence of one to three years. Article 274.-Evasion.- The person who, by action or omission, allows a private person to escape from the center of deprivation of liberty, will be sanctioned with a custodial sentence of one to three years. If the active subject of the crime is one or a public servant, the penalty will be three to five years of imprisonment. If the offence is to blame, it will be six months to one year of deprivation of liberty.
The person deprived of liberty, either for a sentence of conviction or for a precautionary measure, who has been evaded, will be punished with a custodial sentence of one to three years. Article 275.-Entry of prohibited articles.- The person who enters, by himself or through third parties, the centers of deprivation of liberty, alcoholic beverages, scheduled substances and subject to supervision, weapons, cell phones or communication equipment; goods or objects prohibited attached to the body or to their garments, shall be sanctioned with a custodial sentence of one to three years. The same penalty applies in the case that the objects referred to in the previous paragraph are located inside the social rehabilitation centers or in the possession of the private person of liberty. Article 276.-A complaint by a health professional.- The or the professional or the assistant in medicine or other health related branches that receives a person with signs of having suffered serious violations of the human rights, sexual and reproductive integrity or violent death and do not report the fact, will be sanctioned with a custodial sentence of two to six months.
SECTION SECOND Contravention of effective judicial protection
Article 277.-Deny Omission.- The person who in server or server quality public and depending on your position, know of some fact that you can set up an infringement and do not immediately put it in the knowledge of the authority, will be sanctioned with a custodial sentence of fifteen to thirty days.
SECTION THIRD Crimes against the Efficiency of Public Administration Article 278.-Speculado.- Las or public servants and persons acting under state authority in one of the State institutions, determined in the Constitution of the Republic, for its own benefit or of third parties; abuse, misappropriation, or arbitrarily dispose of movable or immovable property, public or private money, effects which represent them, pieces, titles or documents which are in their possession by virtue or reason of their office, shall be punishable by a custodial sentence of 10 to thirteen years. If the subjects described in the first indent use, for their own benefit or of third persons, workers paid by the State or by public sector entities or public sector goods, when this means profit or increase They will be punished with a custodial sentence of five to seven years. The same penalty shall apply where the subjects described in the first subparagraph are used economically, for their own benefit or for third persons, for studies, projects, reports, resolutions and more documents,
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qualified as secret, reserved, or restricted circulation, that are or have been in their knowledge or under their reliance on reason or with the position they exercise or have exercised. Officials, administrators, executives or employees of the institutions of the National Financial System or entities of popular and solidarity economy that carry out financial intermediation activities are responsible for peculing. the members or vowels of the boards and boards of directors of these entities, who, with the abuse of their own functions, fraudulently dispose of, appropriate or distract the funds, assets, money or private effects which represent them, directly causing economic injury to their partners, depositaries, account holders or holders of the goods, funds or money, will be punished with a custodial sentence of ten to thirteen years. The person who obtains or grants related, related or inter-company credits, in violation of express legal provisions regarding this class of transactions, to the detriment of the Financial Institution, will be sanctioned with custodial sentence from seven to ten years. The same penalty shall apply to beneficiaries who are involved in the execution of this illegal activity and to the person who provides his or her name for his own benefit or for a third party, even if he does not possess the qualities provided for in the preceding paragraph. Those sentenced for the conduct provided for in this article will be incapacitated or incapacitated for life, for the performance of all public office, all charges in financial institutions or in entities of the popular and solidarity economy. Financial intermediation. Article 279.-Illicit Enrichment.- Las or public servants and persons acting under state power in one of the State institutions, determined in the Constitution of the Republic, which they have obtained for whether or to third parties an unjustified increase in his or her name or by person, product of his office or function, exceeding four hundred basic wages of the worker in general, shall be punishable by a penalty of freedom from seven to ten years. It will be understood that there was illicit enrichment not only when the estate has increased with money, things or goods, but also when debts or extinguished obligations have been cancelled. If the increase in the wealth is greater than two hundred and less than four hundred basic wages unified by the worker in general, the custodial sentence will be five to seven years. If the increase in the wealth is up to two hundred basic wages unified by the worker in general, the custodial sentence will be three to five years. Article 280.-Co-done.- Las or public servants and persons acting under state authority in one of the State institutions, listed in the
Constitution of the Republic, which receive or accept, by themselves or by person, economic benefit or other kind for himself or another person, whether or not to make, omit, agitate, delay or condition matters relating to his or her duties, shall be punishable by a custodial sentence of one to three years. If the public servant, or the public servant, executes the act or does not perform the act due, it will be sanctioned with a custodial sentence of three to five years. If the conduct described is to commit another offence, the public servant or the public servant will be punished with a custodial sentence of five to seven years. The person who, in any form, offers, or promises to, a public servant a donation, gift, promise, advantage or undue economic benefit or other good of material order to make, to omit, to agitate, to delay or to condition questions relating to their duties or to commit a crime, shall be sanctioned with the same penalties as for public servants. Article 281.-Concession.- Las or public servants and persons acting under state authority in one of the State institutions, determined in the Constitution of the Republic, their agents or official dependents that by abusing their position or functions, by themselves or through third parties, order or demand the surrender of rights, fees, contributions, income, interest, wages or any other non-due consideration, shall be punished with a custodial sentence of three to five years. If the conduct referred to in the previous paragraph is carried out by means of violence or threats, the public servant or the public servant shall be punished with a custodial sentence of five to seven years. Article 282.-Non-compliance with legitimate decisions of competent authority.- The person who fails to comply with orders, specific or legally appropriate prohibitions, directed at it by competent authority in the framework of its legal powers, shall be sanctioned with a custodial sentence of one to three years. The military or police server which refuses to obey or does not comply with the legitimate orders or decisions of competent authority, provided that the fact does not correspond to a custodial sentence in accordance with the provisions of this Code, will be sanctioned with custodial sentence of three to five years. The maximum penalty provided for in the second paragraph of this article shall be applied, when the military or police server disobeys or resists to comply with the legitimate requirements of the Police, in its role as agents of authority and auxiliaries. the Office of the Prosecutor General of the State Article 283.-Attack or Resistance.- The person who attacks or resists with violence or threats to public employees, the depositaries or agents of the public force, the commissioners for the collection of taxes and contributions, to the executors of the decrees and court rulings, to the customs guards and
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collection offices and police officers, when they are in execution of the laws, or the orders or regulations of the public authority, shall be sanctioned with a custodial sentence of six months to two years. If the conduct foreseen in the previous paragraph has been committed by many people and as a result of a previous concert, they will be sanctioned with a custodial sentence of one to three years. In the cases of the previous incissos, if the people, in addition, are armed, they will be sanctioned with a custodial sentence of three to five years. The person who incites the Public Force to execute the above will be sanctioned with a custodial sentence established for each case increased by one third. If, as a result of the initiative, there is a conflict in which injuries occur, it will be sanctioned with a custodial sentence of five to seven years and if death occurs, it will be sanctioned with a custodial sentence of twenty-two years. Twenty-six years. Article 284.-Break of seals.- The person who breaks or withdraws the stamps imposed by the competent authority, in order to breach the imposed measure, shall be sanctioned with a custodial sentence of one to three years. Article 285.-Trafficking in influences.- Las or public servants, and persons acting under state power in one of the institutions of the State, listed in the Constitution of the Republic, prevalding the powers of his office or any other situation arising out of his personal or hierarchical relationship, exercising influence in another server or another to obtain an act or a resolution favorable to his or her interests or third parties, shall be punished with a custodial sentence Three to five years of freedom. The maximum of the penalty provided for shall be applicable where the persons described in the first subparagraph, taking advantage of the popular representation or the position they exercise, are in favour of or have favoured natural or legal persons so that, against express legal or regulatory provisions, grant them contracts or permit the conduct of business with the State or with any other public sector body. The members and vowels or members of the administrative bodies of the State or the public sector in general, which, with their vote, cooperate with the commission of this crime, are included in this provision. Article 286.-Offer to conduct influence peddling.- The person who, offering to conduct the conduct described in the previous article, requests from third parties: handouts, present or any other remuneration or accept offer or promise, will be sanctioned with a custodial sentence of three to five years. Article 287.-Usurpation and simulation of public functions.- The person who exercises public functions without authorization or if he is a public function or function, shall be sanctioned with a custodial sentence of one to three years.
The person who exercise public functions and be dismissed, suspended or declared legally in interdiction and that continues in the exercise of its functions after being notified with the removal, suspension or interdiction, shall be sanctioned with a custodial sentence freedom from six months to one year. Article 288.-Use of public force against orders of authority.- Las or public servants and persons acting under a state power in one of the institutions of the State, listed in the Constitution, which uses members of the National Police or Armed Forces contradicting the Constitution, preventing the execution of legitimate orders issued by competent authority or allowing the use of violence without sufficient legal legitimacy, will be sanctioned with Three-year custodial sentence of one to three years. Article 289.-Testaferricism.- The person who consents to appear as his or her own movable property, real estate, securities, shares, units, money, securities or effects that represent it, proceeds from the illicit enrichment of the server or ex public servant or non-justified private enrichment product, will be sanctioned with a custodial sentence of three to five years. Where the goods, securities, shares, units, money, securities or effects that represent it come from the production, supply, illicit trafficking of scheduled substances subject to supervision, trafficking in persons, various forms of exploitation, organized crime, fraud or human rights violations, will be sanctioned with the same penalty of the crime that is covered. The person who is the holder of authorization for the use of vessels or tourist operating permits in the Galapagos National Park and the Marine Reserve of the Galapagos Province, for his own benefit or for a third party, make it known as his property or allow illegitimately the use of their rights that serve for this purpose, will be sanctioned with a custodial sentence of three to five years. The instruments used in committing the crime as well as the products or revenues obtained will be curated. Article 290.-Crimes against the institutional assets of the Armed Forces or National Police.- La or the server of the Armed Forces or National Police, will be sanctioned with a custodial sentence of six months to one year, when it performs any of the following acts: 1. Run or not prevent, acts that may produce
fire, damage or cause a serious risk to the security of a unit or establishment of the National Police or Armed Forces.
2. Hide from your superior breakdowns or severe impairments in
facilities, procurement or logistical material to your charge that is of use by police or military personnel.
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Article 291.-Circumvention of the responsibilities of the Armed Forces or National Police.- The or the server of the Forces Navies or National Police that eludes responsibility for acts of service, when this omission causes damage to a person, will be sanctioned with a custodial sentence of six months to one year. Article 292.-Alteration of evidence and evidence.- The person or the public servant, who alters or destroys vestiges, material evidence or other evidence for the investigation of an infringement, shall be punished with Three-year custodial sentence of one to three years. Article 293.-Extraction in the execution of an act of service.- La or the server of the Armed Forces, National Police or prison security that is extracted in the execution of an act of the service, without observing the progressive use or rational of the force, in the cases that must be used and which, as a consequence, produces injuries to a person, will be sanctioned with a custodial sentence that corresponds, according to the rules of injury, with the increase of one third of the penalty. If, as a result of the non-observance of the progressive or rational use of force, the death of a person occurs, it shall be punishable by a custodial sentence of ten to thirteen years. Article 294.-Abuse of powers.- La or the server of the Armed Forces or National Police who, in the exercise of their authority or command, carry out the following acts, shall be punished with a custodial sentence of one to three years: 1. against their lower punishments not established
in the Law or exceed in their application. 2. Assay, retain or prolong illegal or unduly an
command, service, charge or military or police function. 3. Make requisitions or impose illegal contributions. 4. Order your deputies to perform duties
lower than their degree or employment; not in the interest of the service or urge an offence to endanger the security of the National Police or Armed Forces.
5. Obtain benefits for you or third parties, abusing the
hierarchy, grade, function, level, or prerogatives, provided this does not constitute another violation.
6. Allow people outside or disassociated with the
institution to exercise functions that correspond exclusively to members of the military or police service.
SECTION FOURTH
Contravtions against efficiency public administration
Article 295.-Negative to provide assistance requested by civil authority.- The National Police or Armed Forces server that, after having been
legally required by the Civil authority, refuse to provide the assistance requested by it, will be punished with a penalty of freedom from fifteen to thirty days. Article 296.-Usurpation of uniforms and insignia.- The person who publicly uses uniforms or insignia of an official position that does not correspond to him, will be sanctioned with a custodial sentence of fifteen to thirty days.
SECTION QUINTA Crimes against the development regime
Article 297.-Unjustified private enrichment.- The person who obtains for himself or for another, directly or by person, increased non-justified patrimonial increase to two hundred basic wages of the worker in general, will be sanctioned with custodial sentence of three to five years. Article 298.-Tax fraud.- The person who is to simulate, hide, omit, distort or deceive in the determination of the tax obligation, to stop paying in whole or in part the taxes actually due, in profit or of a third, it will be sanctioned when: 1. Use identity or suspected or false identification in the
application for registration, updating or cancellation of the records that the tax administrations carry.
2. Use data, information, or false documentation or
adulterated in the request to register, update, or cancel the records that the tax administrations take.
3. Perform activities in a knowingly setting
that is closed. 4. Print or make use of sales vouchers or
retention or supplemental documents that are not authorized by the Tax Administration.
5. Provide tax administration with reports,
reports with goods, data, figures, circumstances, or false, incomplete, defaced, or adulterated background.
6. State in the tax returns
false, incomplete, defaced or adulterated, provided that the taxpayer has not, within the year following the declaration, exercised the right to submit the replacement declaration in the form provided for in law.
7. Falsify or alter permissions, guides, invoices, minutes,
marks, labels, or any other type of control of manufacture, consumption, transport, import, and export of taxed goods.
8. Alter books or accounting records,
annotations, seats or operations relating to economic activity, as well as accounting records of accounts, names, quantities or false data.
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9. Carry double accounting with different seats in
books or computer records, for the same business or economic activity.
10. Destroy in whole or in part the books or records
accounting or other information required by the tax rules or the documents that support them, to evade payment or decrease the value of tax obligations.
11. Sell for uncorrected spirit consumption or
alcohol without bottling and falsely declare volume or alcoholic strength of the product subject to the tax, outside the limit of tolerance established by INEN, as well as the sale outside the quota established by the Internal Revenue Service, of ethyl alcohol intended for the manufacture of alcoholic beverages, pharmaceutical products and toiletries.
12. Issue, accept, or present the tax administration
proof of sale, retention, or supplemental documents for non-existent operations or whose amount does not match that corresponding to the actual operation.
13. Issue proof of sale by operations
performed with phantom, non-existent, or suspected companies.
14. Present to the tax administration proof of
sales by operations performed with ghost companies, non-existent or supposed.
15. Omit income, include costs, expenses, deductions,
exonerations, rebates or false holds or non-existent or superior to those that come legally, to avoid paying the taxes due.
16. Extend to third parties the benefit of a right to
subsidies, rebates, exemptions, fiscal stimulus or benefit from them without rights.
17. Simulate one or more acts, contracts to obtain or give
a benefit of subsidy, rebate, exemption or fiscal stimulus.
18. There is a lack of deliberate, total or partial delivery by
of the withholding or collection agents retained or perceived, after ten days of the expiration of the deadline set in the standard to do so.
19. There is undue obtaining a return of
taxes, interest, or fines. The penalties applicable to the crime of fraud are: In the cases of the numerals from 1 to 11, it will be sanctioned with a custodial sentence of one to three years. In the case of numerals from 12 to 14, it will be sanctioned with a custodial sentence of three to five years. When the amount of the vouchers exceeds one hundred
unified basic wages of the worker in general, will be sanctioned with the maximum of the custodial sentence for these crimes. In the case of the numerals from 15 to 17, it will be sanctioned with a custodial sentence of five to seven years. When the tax defrauded exceeds the one hundred basic wages unified of the worker in general, it will be sanctioned with the maximum of the custodial sentence for these crimes. In the case of numerals 18 and 19, it will be sanctioned with a custodial sentence of five to seven years. Where taxes withheld or collected that have not been declared or paid, as well as in the case of taxes which have been returned dolously, exceed one hundred basic wages of the worker in general, shall be punished by penalty. Seven-to ten-year-old deprivation of liberty. It constitutes an aggravated fraud and will be sanctioned with the maximum penalty provided for each case, with the participation of one or more officials or servants of the tax administration and will also lead to the removal of the such officials or servers. In the case of legal persons, companies or any other entity which, although lacking legal status, constitutes an economic unit or an estate independent of that of its members, in accordance with the provisions of this Code, (a) a penalty for the termination of the legal person and a fine of 50 to one hundred basic wages of the worker in general. Persons who exercise control over the legal person or who provide their services as employees, workers or professionals shall be liable as authors if they have participated in the tax evasion for the benefit of the legal person, although they have not acted with any mandate. In cases in which the holding agent or agent is a State institution, the official or the official responsible for the collection, declaration and delivery of the taxes collected or withheld from the active subject, in addition to the penalty He said that he would be punished by the fraud, without prejudice that a more serious crime would be set up, he would be punished with the dismissal and he would be disqualified from holding public office for six months. Each case will be investigated, tried and punished without prejudice to compliance with tax obligations, as well as the payment of taxes due
SECTION SIXTH Crimes against Customs Administration
Article 299.- Customs fraud.- The person who harms the customs administration in tax collections, in respect of goods the amount of which is more than one hundred and fifty basic wages of the worker in general, shall be penalty
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a three-to five-year custodial sentence and a fine of up to ten times the value of the taxes that were intended to evade, if any of the following acts: 1. Import or export goods with false documents or
adulterated to change the value, quality, quantity, weight, species, age, origin or other characteristics such as marks, codes, series, models; in the present case the exercise of the Criminal action does not depend on questions referred to the civil jurisdiction for a preliminary ruling.
2. Simulate a foreign trade operation with the
purpose of obtaining an incentive or full or partial economic benefit or of any other kind.
3. Do not declare the correct quantity of goods. 4. Hidden within declared goods
goods subject to declaration. 5. unduly obtain the release or reduction of
taxes on foreign trade in goods that the Law says do not meet the requirements to enjoy such benefits.
6. Induce, by any means, the error to the
customs administration on the conditional return of taxes.
Article 300.-Customs reception.- The acquisition for consideration or free, receipt in garment or consignment and the holding or storage of foreign goods, the amount of which is more than one hundred and fifty basic wages of the worker in general, without the holder of the same crediting his legal import or legitimate acquisition in the country, within the seventy-two hours following the request of the customs authority competent, shall be sanctioned with a custodial sentence of one to three years and a fine of duplicating the customs value of the goods. Article 301.-Smuggling.- The person who, in order to evade customs control and surveillance on goods whose value is equal to or greater than ten basic wages unified of the worker in general, performs one or more of the following acts, will be sanctioned with a custodial sentence of three to five years, fine of up to three times the customs value of the merchandise that is the object of the crime, when: 1. Enter or clandestinely extract goods from the
customs territory. 2. Mobilize foreign goods within the zone
secondary without the document certifying the legal holding thereof, provided that the lawful origin of such goods cannot be justified within the seventy-two hours after discovery.
3. Load or unload a means of transport
unmanifested goods, provided it is carried out without the control of the competent authorities.
4. I interne the national territory goods from a Special Economic Development Zone or subject to a special regime, without the fulfilment of the requirements laid down in the relevant legislation.
5. Disembarkation, discharge or launch on land, sea or in
other means of transport, foreign goods before being subjected to customs control, except for cases of forced arrival.
6. Hide by any mechanism goods
foreign in ships, aircraft, transport vehicles or cargo units, without having been subject to the control of the customs authorities.
7. Violate or remove seals, locks, or other securities
placed in the means of transport, loading units, enclosures or premises enabled as temporary deposits, provided that the total or partial loss of the goods is determined.
8. Remove goods that are in zone
primary or temporary storage, without having obtained the lift from them. The persons responsible for the temporary deposits and the port and airport authorities or their dealers shall be liable if they allow for action or omission of this offence. "
Article 302.-Mal use of tax exemptions or tax suspensions.- The person selling, transferring or improperly using goods whose value is higher than one hundred and fifty basic wages of the worker in general, imported under special customs arrangements resulting from the suspension of payment of taxes on foreign trade or imported with total or partial exemption from taxes, without obtaining prior authorization from the competent customs authority, shall be sanctioned with a custodial sentence of three to five years and a fine of up to ten times the value of the taxes that were intended to evade. The person who acquires a free or onerous title, enjoys the transfer or uses unduly goods of more than one hundred and fifty basic wages of the worker in general, imported with total or partial exemption from the taxes on foreign trade, without the owner or consignee having previously obtained the appropriate authorization from the competent customs authority, shall be sanctioned in accordance with the seriousness of the offence with a custodial sentence of one to three years. Article 303.-Aggravating circumstances of customs offences.- When one or more of the following circumstances are present, they shall be sanctioned with the maximum penalty provided for in the preceding Articles and with the other penalties provided for for the offence concerned, where: 1. The involvement of the offence is a servant or a public servant,
that in exercise or on the occasion of his duties abuses his office.
2. The participant of the offence is an established customs agent
or an authorised economic operator, who in practice or on the occasion of that quality abuses it.
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3. The discovery of the crime is avoided, it becomes difficult or
obstructs the seizure, the provisional retention, the immobilization and the comiso of the material object of the crime, through the use of violence, intimidation or force.
4.
Non-existent natural or legal persons "or" non-existent legal persons " shall be included as recipients or suppliers in the documents and formalities relating to customs procedures.
5. The taxes caused by the goods are higher than
three hundred unified basic wages of the worker in general.
6. The goods covered by the offence are falsified or are
attributed to them a manufacturing site other than the real one, in order to benefit from tariff preferences or benefits in the field of origin.
In the case of number one, the incapacity for the performance of a post, position, function or dignity in the public sector, for the double of the time of the custodial sentence; and in the case of the numeral two will also be sanctioned with the definitive cancellation of the license or authorization and the impediment to the exercise of the activity of a customs agent or to qualify again as an authorized economic operator, either personally or by natural or legal person.
SECTION SEVENTH Crimes against the Monetary System
Article 304.-Currency Traffic.- The person you enter, acquire, market, circulate or circulate adulterated, modified or distorted currency in any form, shall be sanctioned with a custodial sentence of one to three years. Article 305.-Production, holding and trafficking of instruments for counterfeiting.- The person who produces, retains, acquires or markets raw materials or instruments for counterfeiting, manufacturing or alteration of national or foreign currency, cheques, securities, credit cards, debit, payment or other documents or devices used as a means of payment equivalent to the currency, will be sanctioned with a custodial sentence of three to five years. Article 306.-Falsification of currency and other documents.- The person who falsifies, manufactures or adulterates national or foreign legal tender currency, puts into circulation or fraudulently uses official State-regulated effect, shall be sanctioned with a custodial sentence of five to seven years. The person who commits falsehood by forging in whole or in part effects, checks, securities, credit cards, debit or payment, devices used as a means of payment equivalent to the currency or making true any alteration that varies his or her sense or the information they contain, will be sanctioned with a custodial sentence of five to seven years.
SECTION EIGHTH Economic Crimes
Article 307.-Economic Panic.- The person who publishes, disseminates or disseminates false news causing damage to the national economy to alter the prices of goods or services in order to benefit a specific sector, market or product, will be sanctioned with a custodial sentence of five to seven years. Article 308.-Agioeing.- It will be sanctioned with a custodial sentence of one to three years: 1. The person who, fraudulently, by meeting or
coalition among the principal holders of a commodity or gender make the the price of the goods, the papers, effects or values, in order not to sell them but for a certain price.
2. The person who does not pay the minimum official price of
support established by the State for bananas, maize, rice or any other agricultural product, for marketing purposes on the domestic or foreign market.
3. The one offering public funds or shares or
obligations of a company or legal person, stating or making a hint of false facts or circumstances.
Article 309.-Usura.- The person granting a direct loan or indirectly and stipulate a greater interest than that permitted by law, will be sanctioned with a custodial sentence of five to seven years. Where the injury is extended to more than five persons, it shall be sanctioned with a custodial sentence of seven to ten years. The person who saps the existence of a legal business and conceals an usurped loan, will be sanctioned with a custodial sentence of five to seven years. In these cases, the victim will be ordered to be returned to the mortgaged or paid and the restitution of all the paid in an illegal manner. Article 310.-Disclosure of reserved financial information.- The person who, in his or her own benefit, divulges financial information declared as reserved by the governing body of public finances, which generates economic conditions The State will be punished with a three-to five-year prison sentence. Article 311.-Hidden information.- The person who, in his capacity as a legal representative, director, administrator or official has under his responsibility economic or financial information of an entity dedicated to the collection This is a common and massive amount of money, which is required to provide and, to hide it from the partners, shareholders or creditors, will be sanctioned with a custodial sentence of three to five years.
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Article 312.-Untruth of information.- They will be sanctioned with a custodial sentence of three to five years: 1. Legal representatives, administrators or
officials of securities market entities who knowingly give false information about transactions in which they have intervened.
2. Persons who have proceeded, in the form
fraudulent, to provide false information in the negotiations that are the subject of a public offering of securities.
Article 313.-Stock-ups.- The person performing any of the following activities, shall be sanctioned with a custodial sentence of three to five years: 1. The person who, without being legally authorized to
intervene in the stock market, uses any of the expressions or denominations that have the character of exclusives determined in the Law of the Matter in public form.
2. Administrators and other persons acting as
names of companies that, in the state of bankruptcy, issue or negotiate public offering securities.
3. People who, being obligated, do not prevent
bankrupt companies from issuing or negotiating public offering securities.
4. Persons performing stock trades
fictitious or having as their object to fix, fraudulently, prices or stock quotes.
5. Persons who fraudulently celebrate
merchant trust contracts to the detriment of third parties.
6. Persons who are improperly using money,
shares or securities that represent them by third parties to be traded or invested in the stock market.
7. Holders of equity securities that
fractional or subdivide stock packages, in any contractual manner, in order to avoid compliance with their legal obligations, unless there is prior and express authorization of the competent authority.
8. The directors or managers of an issuer
who, in malicious form, reserve relevant facts for damaging the market interest that must be known to the public.
Article 314.-Documentary falsehood in the market values.- They will be sanctioned with a custodial sentence of three to five years: 1. Persons who obtain an inscription on the
Stock Market Registry by means of false information or background provided. If
this crime is committed by servants or public servants, they will be punished with a custodial sentence of seven to ten years.
2. The representatives of the centralized deposits of
clearing and settlement of securities that fraudulently, omitan or distort registrations.
3. Operators who alter the identity or capacity
legal of persons who have contracted through their intermediate or who are against the authenticity and integrity of the securities they negotiate.
4. Persons who fraudulently perform,
risk ratings without adjusting to the actual situation of the issuer.
5. People who, by performing external audit
functions, hide fraud or other serious irregularities detected in the audit process.
6. People who make items of goods that are not
subject to reality. Article 315.-Unfair insurance contract authorization.- Las and administrators of insurance or reinsurance companies or their delegates who authorize insurance or reinsurance contracts with companies that maintain deficits in their margin of insurance. solvency, they will be punished with a custodial sentence of three to five years. Article 316.-Indue insurance operations.- It shall be sanctioned with a custodial sentence of one to three years: 1. The person who, without being legally authorized,
establishes businesses or businesses that perform insurance operations, any name, provided that, in return for payment of a premium, fee or advance quantity, it assumes the obligation to indemnify for a loss or damage caused by an uncertain event or to pay a capital or an income if the Expected eventuality in the contract.
2. The person who, declaring false claims, is made
to provide compensation for losses or damages under an insurance or reinsurance contract.
In the preceding cases, the legal persons shall be responsible for the the administrators who authorize the operations or those who, in the name of the operations, subscribe to the respective contracts. Article 317.-Asset laundering.- The person who directly or indirectly: 1. Has, acquires, transfers, owns, manages, uses,
maintains, ressaves, delivers, transports, converts, or benefits in any way, illegal source assets.
2. Hide, remove or prevent the actual determination of the
nature, origin, provenance or linkage of assets of illicit origin.
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3. Lend your name or that of the company or company, of the
that is a partner or shareholder, to the commission of the crimes defined in this article.
4. Organize, manage, advise, participate, or fund the
commission of the offenses typified in this article. 5. Perform, by itself or through third parties,
financial or economic transactions and transactions, with the aim of giving appearance of legality to asset laundering activities.
6. Enter or earn money from illicit provenance by the
'ssteps and bridges. These crimes are considered to be autonomous from other tasks within or outside the country, without prejudice to the cases in which the accumulation of actions or penalties takes place. This does not exempt the Office of the Prosecutor General from its obligation to investigate the illegal origin of the assets that are the object of the crime. The laundering of assets is punishable by the following penalties: 1. With a custodial sentence of one to three years
when the amount of the assets that are the subject of the crime is less than one hundred unified basic wages of the worker in general.
2. With a custodial sentence of five to seven years
when the commission of the crime does not presume the association for the crime. With a custodial sentence of seven to ten years, in the following cases:
a) When the amount of the assets that are the object of the crime
is equal to or greater than one hundred unified basic wages of the worker in general.
b) If the Commission of the offence presuppose the association
to commit, without being served by the constitution of companies or companies, or of the use of those that are legally constituted.
c) When the offence is committed using
institutions of the financial or insurance system; public institutions or dignities; or, in the performance of managerial positions, functions, or jobs on such systems.
3. With a custodial sentence of ten to thirteen years, in
the following cases:
a) When the amount of the assets that are the object of the crime exceeds the two basic unified wages of the worker in general.
b) Commission of the offence presupposes the
association for the crime through the constitution of companies or companies, or of the use from which they are legally constituted.
c) When the crime has been committed using
public institutions, or dignities, posts or public jobs.
In the cases mentioned above, the laundering of assets is also sanctioned with a fine equivalent to the doubling of the amount of the assets that are the object of the crime, as well as in accordance with the provisions of this Code, dissolution and liquidation of the legal person created for the commission of the crime, if this is the case. Article 318.-False incrimination for laundering of assets.- The person who conducts actions to falsely incriminate one or more persons in the commission of the crime of laundering of assets shall be sanctioned with a custodial sentence one to three years. The maximum penalty shall be applied if the acts referred to in the preceding paragraph are committed by one or a public servant. Article 319.-Asset laundering control mission.- The person who, being a worker of a subject obliged to report to the competent entity and being in charge of prevention, detection and control of the washing of assets, omits the compliance with its control obligations provided for by the Law, will be sanctioned with a custodial sentence of six months to one year. Article 320.-Simulation of exports or imports.- The person who, in order to benefit from grants, incentives or any other type of contribution or state aid, makes exports or fictitious imports or to the product imported a different destination than the one that declared to obtain the benefit, will be sanctioned with a custodial sentence of three to five years.
PARAGRAPH FIRST Contravention of illegal acts to the upside of
prices products subject to official price Article 321.-Illegal acts tending to increase prices of products subject to official price.- The person who, without legal authorization, increases the values of products subject to official price, will be sanctioned with a custodial sentence of fifteen to thirty days.
PARAGRAFO SECOND Crimes against the Financial System
Article 322.-Financial Panic.- The person who divulges false news that causes alarm in the population and causes the mass withdrawal of deposits from any institution of the financial system and those of the popular and solidarity economy that carry out financial intermediation, (a) which endanger stability or cause the institution to be permanently closed, will be sanctioned with a custodial sentence of five to seven years. Article 323.-Illegal Captation of Money.- The person who organizes, develops, and promotes, in a public or clandestine manner, financial intermediation activities without legal authorization, intended to illegally capture public money in It will be sanctioned with a custodial sentence of five to seven years.
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The person who performs currency or currency operations in a regular and mass manner, without the authorization of the competent authority, shall be sanctioned with a custodial sentence of three to five years. Article 324.-Falsehood of financial information.- The person who, in his capacity as legal representative, director, administrator or employee of an entity engaged in the usual and massive collection of money, provides false information to the In order to obtain their own benefit or for third parties, it will be sanctioned with a custodial sentence of three to five years. Article 325.-Sanction to the legal person.- In the offences provided for in this Section, if liability is determined for the legal person, the following penalties shall be imposed: 1. Fine from one hundred to two hundred basic wages
of the worker in general, if the offence is punishable by imprisonment of less than five years.
2. Fine of two hundred to five hundred basic wages
unified of the worker in general, if the offence is intended to be a penalty of deprivation of liberty equal to or less than ten years.
3. Definitive closure of their premises or establishments and
fine of five hundred to one thousand basic wages unified of the worker in general, if the offence committed has a penalty of deprivation of liberty equal to or less than thirteen years.
4. Extinction and fine of one thousand to five thousand basic wages
unified from the worker in general, if the crime committed is intended to be a custodial sentence of more than thirteen years.
Article 326.-Misuse of securities.- Entities of the financial system and those of the popular and solidarity economy performing financial intermediation, which without the authorization of the respective public control body, without any prior notice or by late notification, they neglect or cut values or money from the account holders and cardholders, shall be sanctioned with a fine of ten to twenty basic wages of the worker in general. The person who, as director, administrator or employee of these entities has authorized the discounts or cuts provided for in the preceding paragraph, shall be sanctioned with a custodial sentence of one to three years.
SECTION NINTH Crimes against public faith
Article 327.-Counterfeiting of signatures.- The person who alters or falsifies the signature of another in a private instrument shall be sanctioned with a custodial sentence of one to three years. The person who alters or falsifies the signature of another in a public instrument will be sanctioned with a custodial sentence of three to five years.
Article 328.-Counterfeiting and use of false document.- The person who falsifies, destroy or adultere by modifying the effects or meaning of the public, private documents, stamps or national stamps, established by the Law for the due constancy of acts of legal relevance, will be sanctioned with a custodial sentence Five to seven years. When it comes to private documents the penalty will be three to five years. The use of these false documents will be sanctioned with the same penalties provided for in each case. Article 329.-Counterfeiting, forging or alteration of prescriptions.- The person who falsifies, forges, muses or alters medical prescriptions; uses them for commercial purposes or for the purpose of procuring narcotic, psychotropic or preparations containing them, will be sanctioned with a custodial sentence of six months to two years. Article 330.-Illegal exercise of the profession.- The person who pursues the profession without title, in those activities in which the Law requires professional title, shall be sanctioned with a custodial sentence of six months to two years. A professional who favours the performance of another person in the illegal exercise of the profession shall be punished or punished with a custodial sentence of three months to one year and disqualification from the exercise of the profession by six months. months.
SECTION DECIMAL Crimes against Participation Rights
Article 331.-Hindering electoral process.- The person who with violence or threat prevents or impedes an electoral process in any of his or her phases, will be sanctioned with a custodial sentence of three to five years. If the person responsible is one or a public servant, he/she is also disabled to exercise public office for twice the duration of the custodial sentence. Article 332.-Election ballot papers.- The person who subtract or fraudulently replaces ballot papers to voters will be punished with a custodial sentence of six months to two years. Article 333.-False suffrage.- The person who is present to vote with a presumed name or who votes in two or more voting boards, will be sanctioned with a custodial sentence of one to three years. Article 334.-Election Fraud.- The person who alters the results of an electoral process or prevents his or her scrutiny, will be sanctioned with a custodial sentence of five to seven years. If the person responsible is one or a public servant, he/she is also disabled to exercise public office for twice the time of the sentence. Article 335.-Sanction.- In all the crimes of this Section, the penalty of loss of the rights of participation for six months shall be imposed.
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CHAPTER SIXTH
CRIMES AGAINST THE CONSTITUTIONAL STATE STRUCTURE
UNICA section
Crimes against the public security Article 336.-Rebellion.- The person who eles or performs violent actions that have as their object the ignorance of the Constitution of the Republic or the overthrow of the government legitimately constituted, without this affect the legitimate right to resistance, will be sanctioned with a custodial sentence Five to seven years. The person who carries out one or more of the following acts shall be punished with a custodial sentence of seven to ten years. 1. Be up in arms, to overthrow the government, or
to make it more difficult to exercise its powers. 2. Prevent the meeting of the National Assembly or the
dissolve. 3. Prevent the elections called. 4. Promote, help or sustain any movement
armed to alter state peace. Article 337.-Destruction or misuse of goods.- The military or police server that destroys, abandons or unreasonably inuses goods for public security or national defense, endangering security of the State, will be sanctioned with a custodial sentence of one to three years. Article 338.-Usurpation and illegal retention of command.- The person who takes the political, military or police command without being authorized to do so or who retains the command exceeding the privileges of which he enjoys, shall be sanctioned with a custodial sentence. freedom from five to seven years and the disqualification for the exercise of public office for six months. Article 339.-Inhostile acts against the State.- The person who participates in acts of hostility or armed conflicts against the State shall be sanctioned with a custodial sentence of ten to thirteen years in any of the following cases: 1. Provide information to facilitate aggression by
part of another State. 2. Take arms against the Ecuadorian State. 3. Allow bases or facilities to be established
foreign military or national bases or military forces to other states for military purposes.
Article 340.-Truce or Armistice violation.- (a) to cause the violation of a truce or armistice provided for in an international instrument between the Ecuadorian State and another state or
between the warring forces or parties to an armed conflict, will be sanctioned with a custodial sentence freedom from three to five years. Article 341.-Attempted murder against the President of the Republic.- The attempt to murder the President of the Republic or the person who is exercising that function shall be punishable by a custodial sentence. ten to thirteen years. The same penalty shall apply to the person who is against the life of one or a Head of State or Government. Article 342.-Sedition.- Las or military or police servers that use weapons, in order to prevent the free operation of the current constitutional or legal regime, will be punished with freedom from one to three years, when they perform any of the following acts: 1. Disobey, within a military operation or
police, legitimate orders received. 2. Pretend to prevent the possession of a superior charge
or remove it from its function. The military or police server that incites members of the Armed Forces or National Police to commit acts of sedition will be punished with a custodial sentence of one to three years. The military or police server that makes apology for this crime or those who commit it, will be punished with a custodial sentence of six months to one year. The military or police server which does not take the necessary measures or does not use the rational means at its disposal to prevent sedition in the units or services at its command or which, having knowledge in the case of committing this offence, does not He will be sentenced to his superiors, he will be punished with a custodial sentence of six months to one year. If the facts are in danger for the safety of the unit or the service in front of the seditious or the seditious, it shall be punishable by a custodial sentence of five to seven years. If the facts take place, in situations of armed conflict, state of emergency, danger to the security of the unit, it will be sanctioned with a custodial sentence of five to seven years. Article 343.-Insubordination.- The military or police server that performs one or more of the following acts shall be punished with a custodial sentence of one to three years when: 1. Reject, prevent, or violently resist the
legitimate order fulfillment of the service. 2. Threat, offend or outrage a superior. 3. Hiera or injure a superior, in acts of service.
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4. Order the mobilization of the armed troops of a
unit, distribution or installation, without legitimate superior order.
If the crime is committed with the use of weapons, it will be sanctioned with a custodial sentence of three to five years. Article 344.-Abstention from the execution of operations in internal commotion.- The police or military server, which in time of internal shock and without justifying the situation, stops undertaking or fulfilling a mission, execute an operative, when it is required to do so, or does not use in the course of the operations all means required by the compliance with the precepts of the Law and legitimate orders received, shall be sanctioned with a custodial sentence of one to three years. Article 345.-Sabotage.- The person who in order to disrupt the economic environment of the country or public order, destroys industrial or manufacturing facilities, malls, ports, canals, reservoirs, mines, polvorines, vehicles or any other means of transport, goods essential for the provision of public or private services, warehouses of goods, explosives, lubricants, fuels, raw materials intended for production or domestic consumption, roads or works (a) for the purpose of the communication or to interrupt or impede the work of the emergency, will be sanctioned with a custodial sentence of five to seven years. The penalty will be deprived of liberty of seven to ten years if infrastructure of the strategic sectors is destroyed. Article 346.-Paralization of a public service.- The person who prevents, hinders or paralyse the normal provision of a public service or is violently reestablished to the restoration of a public service; or, a building or installation is taken by force public, will be sanctioned with a custodial sentence of one to three years. Article 347.-Destruction of records.- The person who destroys, in any way, authentic records or original instruments of public authority or legal proceedings, shall be sanctioned with a custodial sentence of seven to ten years. Article 348.-Incitement to discord among citizens.- The person who promotes discord among citizens, arming or inciting to arm against each other, will be sanctioned with a custodial sentence of one to three years. Article 349.-subversive groups.- The person who promotes, directs or participates in armed organizations, commandos, combat groups, terrorist groups or cells, intended to subvert public order, replace the armed forces and police national, attack them or interfere with their normal performance, will be sanctioned with a custodial sentence of five to seven years. Article 350.-Illegal military instruction.- The person who provides or receives military instruction without permission from the competent authority shall be sanctioned with a custodial sentence of six months to two years.
Article 351.- Infiltration into security zones.- The person who is unjustifiably introduced into security zones, whose access to the public has been prohibited, will be sanctioned with a custodial sentence of six months to two years. Article 352.-Hiding of objects for relief.- The person who subtract, hinders, hides or inuses on the occasion of a fire, flood, shipwreck or other calamity, any material object or other means intended for relief, save or to combat the danger, will be sanctioned with a custodial sentence of three to five years. Article 353.-Betrayal of the Fatherland.- It will be sanctioned with a custodial sentence of seven to ten years, in time of peace, and with a custodial sentence of ten to thirteen years, in armed conflict, the person making any of the The following acts, even against allied forces: 1. Deserve towards the enemy's forces. 2. Facilitate the enemy's forces to enter the
national territory or to Ecuadorian or allied ships or aircraft.
3. Conduct hostile actions against a foreign country
with the intention of causing Ecuador an international armed conflict.
4. To hold negotiations with other states, to have
to submit in any way to the Ecuadorian territory. 5. Rebel, while the Ecuadorian State faces
international armed conflict. 6. Deliver the enemy territory, square, position, position,
construction, building, establishment, installation, ship, aircraft, weapons, troops or force to their orders or materials of the defense or induce or force another to do so.
7. Do not report the approach of the enemy or
circumstance that directly impacts the conflict or the civilian population.
8. Prevent ships, aircraft, or national troops or
allies from receiving aid and news to be sent to them, with the intention of favoring the enemy.
9. Arrive, mandate to arrive or force the flag to arrive
national, without command of the Command in an armed conflict. 10. Failure to comply with a legitimate order or alter it
arbitrarily for the purpose of harming the Armed Forces of Ecuador or benefiting the enemy.
11. Spread news with the intention of panic-infuse,
discouragement or disorder in troops or execute any act that can produce equal consequences.
12. Maintain relations or correspondence with the enemy
on the operations of the international armed conflict or the Armed Forces of Ecuador or
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your allies or without proper authorization, enter into understanding with the enemy to seek peace or suspension of operations.
13. Release prisoners of war in order to
return to the enemy's armed forces or return military equipment to the enemy.
14. Execute or order, inside or outside the territory
national, recruitment of troops to enlist them in the ranks of the enemy or to seduce Ecuadorian troops for the same purpose or to cause the desertion of these.
15. Execute sabotage for the purpose of making it difficult for
national military operations or to facilitate the enemy's.
Article 354.-Espionage.- The military, police or intelligence services server that in time of peace carry out one of these acts, shall be punished with a custodial sentence of seven to ten years, when: 1. Get, spread, distort or misuse information
legally classified and that its use or employment by foreign country is against the security and the sovereignty of the State.
2. Intercept, subtract, copy information, files,
photographs, footage, recordings, or others about troops, equipment, operations or missions of a military or police nature.
3. Send documents, reports, graphics, or objects that
put at risk the security or sovereignty of the State, without being obliged to do so or having been forced to not immediately report the fact to the competent authorities.
4. Hide relevant information from the military or
national police officers. 5. Alter, delete, destroy, divert, even
temporarily, information or objects of military nature relevant to security, sovereignty, or territorial integrity.
If the public server or the public server does one or more of the These acts in times of armed conflict shall be sanctioned with a custodial sentence of ten to thirteen years. Article 355.-Mission to supply.- The military server or server that, being obliged to do so by its function, refrains from supplying the troops for the fulfillment of military actions, putting at risk the security of the State, will be sanctioned with a custodial sentence of three to five years. Article 356.-Attented against the security of military or police operations.- The military or police server that attacks the security of military or police operations, will be sanctioned with a custodial sentence. Three to five years when: 1. Facilitate information related to operations
military or police.
2. Unjustifiably abandon a military or police operation.
3. Surrender or flee in the development of an operation
military or police without having exhausted the means of defense and security that demand the orders received.
The and the reservist who, in case of armed conflict, is called and It is not justified in five days to carry out the military functions, it will be sanctioned with a custodial sentence of one to three years. If such acts are committed in international armed conflict, it will be sanctioned with the maximum penalty of imprisonment provided for in this article. Article 357.-Desertion.- It shall be punishable by a custodial sentence of three months to one year, or the military server which in time of armed conflict is absent for more than eight days, in the following cases: 1. False to the distribution or unit military, institute, or other place
in which it is intended or, finding itself in active service and without having obtained its discharge, is separated from it.
2. At the time of departure or departure of their unit,
force, troop, ship or other vehicle shall not be incorporated into them.
The or the deserter shall be charged the maximum of the custodial sentence if the defection is committed by plot or in enemy territory. Article 358.-Notice of desertion.- The or the direct superior or the head of unit or division who is not part of the desertion of his subordinates, shall be punished with a custodial sentence of three months to one year. The maximum of the custodial sentence shall be imposed if the omission of the notice of desertion is committed by plot or enemy territory. Article 359.-Abuse of a firearm.- The person who fires a firearm against another, without heritage, provided that the act does not constitute an attempt, shall be sanctioned with a custodial sentence of three to five years. Article 360.-Tenancy and bearing of arms.- The tenure consists of the right to legal ownership of a weapon that may be in a particular place, particular address, home or place of work, for which authorization is required. competent authority of the State. The person who has firearms without authorization shall be sanctioned with a custodial sentence of six months to one year. The purpose of the consignment is to carry a weapon permanently within a defined jurisdiction, for which the authorization of the competent authority of the State is required. The person carrying firearms without authorization shall be sanctioned with a custodial sentence of three to five years.
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Article 361.-Unauthorized firearms, ammunition and explosives.- The person who manufactures, supplies, acquires, commercializes, or transports, without the corresponding authorization, firearms, parts or parts, ammunition, explosives, accessories or materials intended for their manufacture, shall be sanctioned with a custodial sentence of three to five years. Article 362.-Illicit trafficking in firearms, chemical, nuclear or biological weapons.- The person who, within the Ecuadorian territory, develops, produces, manufactures, employs, acquires, owns, distributes, stores, preserves, transport, transit, import, export, trade, firearms, parts and components, ammunition and explosives, without the authorization of the competent authority, shall be sanctioned with a custodial sentence of five to seven years. The criminal person or organisation who, sponsors, finances, manages, organises or directs activities for the illicit production or distribution of arms, ammunition or explosives, shall be sanctioned with a custodial sentence of seven to ten years. years. In the event that these are chemical, biological, toxic, nuclear or polluting for life, health or the environment, the custodial sentence will be ten to thirteen years. If the activities described are intended or used for war, it shall be punishable by a custodial sentence of 10 to 13 years. Article 363.-Instigation.- The person who publicly instils a crime against a person or institution and cannot be legally considered as a co-participant shall be punished with a custodial sentence of six months to two years. Article 364.-Fire.- The person who fires the goods or places listed in this article, shall be sanctioned with a custodial sentence of ten to thirteen years: 1. Embarations, aircraft, land transport,
warehouses, yards, buildings or any other place serving as a room and keeping one or more persons inside at the time of the fire.
2. Everywhere, even uninhabited, that contains
gunpowder deposits or other explosive materials.
UNIQUE PARAGRAPH Violation Against Public Safety
Article 365.-Apologia.- The person who for any means to apologize for a crime or a person sentenced for a crime, will be sanctioned with a custodial sentence of fifteen to thirty days.
CHAPTER SEVENTH Terrorism and its funding
Article 366.-Terrorism.- The person who individually or forms armed associations, causes or maintains in state of terror to the population or to
a sector of it, by means of acts that endanger the life, the physical integrity or the freedom of the persons or endanger the buildings, means of communication, transport, using means capable of causing havoc, shall be sanctioned with a custodial sentence of 10 to 13 years, in particular if: 1. The person who, in respect of a land transport, a
ship or aircraft, fixed marine platforms, takes over it, exercises control over it by technological, violent, threat or intimidation means; tear down, destroy, cause damage, place or place an artifact or substance capable of destroying it or causing damage to it for transportation.
2. The person who destroys by any means,
public or private building, marine fixed platform, strategic area facilities, essential basic services, as well as land transportation facilities or services, air or sea navigation, if such acts, by their nature, constitute a danger to the safety of the land transport, aircraft or ships, as well as the security of the platforms and other buildings.
3. The person performing acts of violence who by their
nature, cause or may cause injury or constitute a danger to the safety of these or their occupants, on a ground transport, on board an aircraft, ship, on a platform marine fixed, at ports, airports, strategic area facilities, essential basic services or environment.
4. The person who communicates, broadcast, or transmits
false reports by endangering the security of a land transport, aircraft or aircraft.
5. The person who, the official premises, will break into the
private residence or the means of transport of the internationally protected persons.
6. The person who performs by themselves or through
third parties, operations and economic financial transactions, in order to give appearance of lawfulness to develop terrorist activities typified in this Code.
7. The person who hurts, steals, malverse, gets
by fraud or by means of threats, use of violence or intimidation of nuclear materials.
8. The person receiving, possessing, using, transferring, altering,
evacuating or dispersing nuclear materials without legal authorization, if such act causes serious injury to a person or group of persons or substantial material damage.
9. The person who delivers, places, throws or detonates an
explosive device or substance or other deadly device at or against a public place of use, a public or government facility, a public transport network, or a facility infrastructure, for the purpose of causing death or serious bodily injury to persons or in order to cause significant material destruction.
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10. When the realization of these acts occurs the
death of one or more persons, will be sanctioned with a custodial sentence of twenty-two to twenty-six years.
Article 367.-Financing of terrorism.- The person who in individual or collective form, directly or indirectly, provides, offers, arranges or collects funds or assets, of lawful or unlawful origin, with the intention of being used or knowingly used to finance in whole or in party, the commission of terrorist offences; or any other act intended to cause death or serious bodily injury to a civilian or any other person who does not directly participate in hostilities in a situation of armed conflict, where the purpose of such act, by its nature or context, is to intimidate a population or obliging a government or an international organization to act or refrain from doing so; or, the existence of individual terrorists, terrorist groups or organizations, shall be sanctioned with a custodial sentence of seven to ten years. years. It shall be repressed with this penalty: 1. The person who provides, offers, arranges,
collects, or puts the resources, funds or assets, movable or immovable property at the disposal of the individual terrorist or terrorist organization or association, regardless of whether the same will be used in the effective commission of one of the crimes mentioned in the previous article.
2. The person who, having the legal obligation of
to avoid them, consents to the commission of these crimes or the person who knowingly provides or provides the means to that end.
The offenses typified in this article will also be fined with a fine equivalent to the amount of the amount of funds and assets provided, offered or collected to finance acts of terrorism, individual terrorists or terrorist organisations, with the penalty of criminal action in accordance with the provisions of this Code and with the extinction of the legal person created or used for the effect. Where the sentence is issued against an official or an official or a public servant, the person shall be punished with the disqualification for the performance of any employment or public office for a period equal to twice the sentence. Where the conviction is rendered against one or an official of the financial or insurance system, it shall be punishable by disqualification for the performance of management functions in entities of the financial and insurance system for a time equal to the double the sentence. The offences listed in this article will be investigated, prosecuted, failed or sentenced, as autonomous crimes of other offences defined in this Code, committed within or outside the country. Article 368.-Falsa incrimination.- The person who takes action to falsely incriminate one or more persons in the commission of terrorist offences and
their funding, will be sanctioned with the custodial sentence one to three years. The maximum penalty shall be applied if the acts referred to in the preceding paragraph are committed by one or a public servant. Article 369.-Organized Crime.- The person who, by agreement or concertation, forms a structured group of two or more persons who, permanently or repeatedly, finance in any form, exercise the command or address or plan the activities of a criminal organization, with the purpose of committing one or more crimes punishable by a custodial sentence of more than five years, with the aim of obtaining economic or other benefits of order material, will be sanctioned with a custodial sentence of seven to ten years. The other collaborators will be punished with a custodial sentence of five to seven years. Article 370.-Illicit Association.- When two or more persons are associated with the purpose of committing crimes, punishable by a custodial sentence of less than five years, each of them shall be sanctioned, by the sole fact of the association, with Three-to-five-year-old freedom penalty.
CHAPTER EIGHTH TRAFFIC VIOLATIONS
FIRST SECTION
General Rules Article 371.-Traffic violations.- These are traffic violations. actions or omissions in the field of road transport and safety. Article 372.-Natural penalty.- In case of proven natural penalty, in traffic violations and when the victim or the victims are relatives of the alleged infringer up to the fourth degree of consanguinity or second degree of affinity, the judge may to stop imposing a penalty or to impose exclusively non-custodial sentences. Article 373.-Liability of pedestrians, passengers or controllers.- When the person responsible for the accident is not the driver of a vehicle but the person or the pedestrian, passenger, controller or other person, shall be punished with the penalties provided for in the relevant articles, in accordance with the circumstances of the infringement, with the exception of the loss of points which is exclusively applied to the offending drivers. Article 374.-Agravants in traffic violations.- For the imposition of the penalty, in traffic violations, the following circumstances shall be considered: 1. The person driving a motor vehicle with
driver's license expired, suspended temporarily or definitively and causes a traffic violation, will be sanctioned with the maximum penalty corresponding to the offence committed.
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2. The person who is not legally authorized to
drive motor vehicles or make use of a driver's license of category and type less than the required one, according to the characteristics of the vehicle, incurs a traffic violation, will be sanctioned with the maximum penalty for the violation committed.
3. The person who causes a traffic accident and
flee the place of events, will be sanctioned with the maximum penalty for the violation committed.
4. The person who causes a traffic accident with
a subtracted vehicle shall be sanctioned with the maximum of the penalties provided for the offence committed, increased in half, without prejudice to the criminal action to be taken by the
Article 375.-Use of vehicle for the commission of crimes.- The person who, when driving an automotive vehicle, uses it as a means for the commission of a crime, in addition to its responsibility as an author or He will be punished with the suspension of the license to drive for the duration of the sentence. The sanction must be notified to the competent transit authorities.SECTION SECOND Traffic Culpous Crimes
Article 376.-Death caused by a driver in a state of drunkenness or under the effects of substances narcotic drugs, psychotropic substances or preparations containing them.- The person driving a motor vehicle in a state of drunkenness or under the effects of narcotic substances, psychotropic substances or preparations containing them and causing an accident of which one or more persons may be killed, shall be sanctioned with a penalty of freedom from ten to twelve years, definitive revocation of the license to drive vehicles. In the case of public transport, in addition to the sanction provided for in the previous subparagraph, the owner of the vehicle and the transport operator shall be jointly and severally liable for the civil damages, without prejudice to the administrative actions which are executed by the competent transport body on the operator. Article 377.-Blame death.- The person who causes a traffic accident resulting in the death of one or more persons for infringing an objective duty of care shall be sanctioned with a custodial sentence of one to three years, suspension of the driver's licence for six months after the custodial sentence has been completed. They will be punished for three to five years, when the harmful outcome is the product of unnecessary, dangerous and illegitimate actions, such as: 1. Speed. 2. Knowledge of the bad mechanical conditions of the
vehicle.
3. Smooth and worn tires. 4. Have driven the vehicle beyond the hours
allowed by law or bad physical conditions of the driver.
5. Non-compliance with laws, regulations, regulations
legitimate authorities or traffic agents ' techniques or orders.
In case the vehicle with which the accident was caused provides a public transport service, it shall be jointly and severally liable for the civil damages of the transport operator and the owner of the vehicle, without prejudice to the administrative actions carried out by the competent transport body in respect of the operator. The same fine shall be imposed on the public or private employer or employer who has required or allowed the driver or driver to work on those conditions. Article 378.-Death caused by negligence of contractor or executor of work.- The contractor or executor of a work which for infringing a duty objective of care in the execution of works on the public or construction road, occasioning a traffic accident in which one or more persons are killed, will be sanctioned with a custodial sentence of three to five years. The contractor or executor of the work and the entity that contracted the performance of the work, shall be jointly and severally liable for the civil damages caused. If the works are executed by direct administration by a public sector institution, the sanction in civil matters will be applied directly to the institution and in terms of criminal liability the penalties mentioned in the prior to the official responsible official of the work. If the transit authorities are to verify that there is a lack of provision for danger or risk during the execution of works on the public road, that work shall be suspended until the absence of such provision has been remedied, natural or legal person liable with the applicable fine for this infringement. Article 379.-Injuries caused by traffic accident.- In transit offences resulting in injury to persons, the penalties provided for in Article 152 shall apply reduced by one quarter of the minimum penalty provided for in Article 379. each case. They will also be sanctioned with a reduction of ten points in their license. In the case of a transit offence resulting in injury, if the person drives the vehicle in a state of drunkenness or under the effects of stupefying substances, psychotropic substances or preparations containing them, the maximum penalties shall apply. in Article 152, increased by one third and the suspension of the driver's licence for a period equal to half of the custodial sentence provided for in each case.
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The owner of the vehicle will be responsible for the civil damages. Article 380.-Material damage.- The person who, as a result of a traffic accident causes material damage whose cost of repair is greater than two wages and does not exceed six unified basic wages of the worker in general, shall be (a) a fine of two basic basic wages of the worker in general and a reduction of six points in his driver's licence, without prejudice to the liability of third parties to which he is liable for the offence. In the case of the previous paragraph, the person driving a vehicle within the time the driver's license is temporarily or permanently suspended shall be sanctioned with a fine of five unified basic wages of the worker in general. The person who as a result of the traffic accident causes only material damages whose cost of repair exceeds the six basic wages unified of the worker in general, will be sanctioned with a fine of four basic wages unified of the worker in general and a reduction of nine points in his driver's license. In the case of the previous paragraph, the person driving a vehicle in the period when the driver's license is temporarily or permanently suspended shall be sanctioned with a fine of seven unified basic wages of the worker in general. In any event, the owner of the vehicle shall be jointly and severally liable for the civil damages. Article 381.-Excess of passengers on public transport.- The person driving a public transport vehicle, international, intra-regional, interprovincial, intra-provincial with excess passengers, shall be sanctioned with a penalty of freedom from six months to one year, suspension of the driver's licence for the same period. Article 382.-Foreseeable mechanical damage to public transport.- The person driving a public transport vehicle with foreseeable mechanical damage, and as a result of which the safety of the passengers is endangered, will be sanctioned with a custodial sentence of thirty-one hundred and eighty days, suspension of the driver's license for the same time. You will be jointly and severally responsible for the vehicle owner or owner.
SECTION THIRD Violation Of Transit
Article 383.-Vehicle driving with tires in disrepair.- The person driving a vehicle whose Tires are found smooth or in bad condition, will be sanctioned with a custodial sentence of five to fifteen days and decrease of five points in the driver's license. In the case of public transport, the penalty will be twice as high as the previous paragraph.
The vehicle will also be retained until the cause of the offence is exceeded. Article 384.-Driving of a vehicle under the effect of narcotic substances, psychotropic substances or preparations containing them.- The person driving a vehicle under the effects of narcotic, psychotropic or prepared substances contain, will be sanctioned with a reduction of fifteen points of your driver's license and thirty days of deprivation of liberty; in addition as a preventive measure the vehicle will be apprehended for twenty-four hours. Article 385.-Vehicle driving in the state of drunkenness.- The person driving a vehicle in a drunken condition shall be sanctioned according to the following scale: 1. If the level of alcohol per litre of blood is 0.3 to 0.8
grams, will apply fine of a unified basic worker's salary, loss of five points in your driver's license and five days of deprivation of liberty.
2. If the level of alcohol per litre of blood is greater than
0.8 up to 1.2 grams, a fine of two unified basic wages of the worker will be applied in general, loss of ten points in his driver's license and fifteen days of deprivation of blood. freedom.
3. If the level of alcohol per liter of blood exceeds 1.2
grams, a fine of three unified basic wages of the worker in general will be applied, the suspension of the license for sixty days and thirty days of deprivation of liberty.
the drivers of vehicles of public transport light or heavy, commercial or cargo, the consumption tolerance of any narcotic, psychotropic or prepared substance containing them is zero, and a maximum level of alcohol of 0,1 grams for each liter of blood. In case of exceeding that limit, the penalty for the responsible will be, loss of thirty points in his license to drive and custodial sentence of ninety days. In addition, in all these cases, the vehicle will be apprehended for twenty-four hours as a preventive measure. Article 386.-First class transit contracts.- It will be sanctioned with a three-day custodial sentence, a fine of a unified basic worker's salary in general, and a ten-point reduction in your driver's license: 1. person who drives without having obtained a license. 2. The driver or driver missing the authority or
transit agent. 3. The driver or driver with an automotive vehicle,
exceeds the speed limits outside the moderate range, as set out in the corresponding regulation.
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In the case of the number 1, the point reduction will not be applied. The vehicle will only be returned when the value of the fine is cancelled and the person who owns the vehicle will be jointly and severally liable for the payment of this fine. It will be sanctioned with two unified basic wages of the worker in general, reduction of ten points in his driver's license and vehicle retention for the minimum term of seven days: 1. The driver who transports passengers or goods, without
have the corresponding enabling title, frequency authorization, or perform a different service for which you were authorized. If in addition the vehicle has been illegally painted with the same colour and characteristics of the authorised vehicles, the vehicle or the judge shall have the vehicle painted with a colour different from that of the public or commercial transport units and prohibit their movement, until such time as the said commandment is complied with. Compliance with this order will only be tested with the certification that for the effect will extend the responsible for the vehicle retention site to which the unauthorized vehicle will be moved. The costs of the vehicle's paint change will be in charge of the contractor.
2. The person driving a vehicle with a license
of a different category than the required vehicle type for the type of vehicle driving.
3. People who participate with motor vehicles in
competencies on the public road. Article 387.-Second class transit contracts.- They will be fined fifty percent of a worker's unified basic salary in general and a nine-point reduction in the registration of their driver's license: 1. The driver or driver who causes a traffic accident
resulting in only material damage, the costs of which are less than two unified basic wages of the worker in general.
2. The person driving with expired license,
cancelled, revoked, or suspended, the same as immediately removed by the transit agent.
3. The adolescent person, older than sixteen, who
owns a driving license that requires the company of an adult who holds a license and does not comply with the standard.
4. The foreign driver who has entered
legally in the country is providing commercial transport service within the border areas.
5. The self-employed or
commercial driver who exceeds the number of passengers or cargo capacity of the vehicle.
To the riders and pedestrians, in the appropriate cases, will be sanctioned only with the fine.
Article 388.-Third class transit contracts.- They will be penalized with a fine equivalent to forty percent of a worker's unified basic salary in general and a seven-point reduction five points in your driver's license: 1. The driver or driver who stops or parking vehicles
in sites or areas that are endangered, such as: safety zones, curves, bridges, income and exits thereof, tunnels, as well as the entry and exit of these, narrow areas, of low visibility, crosswalks, scraping changes, slopes, or level crossings, without taking the safety measures outlined in the regulations.
2. The driver or driver who with an automotive vehicle or with
the goods it carries, causes damage or deterioration to the surface of the public road.
3. The driver or driver who spills on the public road
sliding, flammable or polluting substances or materials, except fortuitous case or force majeure duly checked.
4. The driver or driver who transports flammable material,
explosive or dangerous in vehicles not conditioned for the purpose or without the permission of the competent authority and the non-professional drivers to carry out this activity with a vehicle qualified for the effect.
5. The person who builds or manes to build
speed reducers on the carriageway of the tracks, without prior authorization or by inobserving the provisions of the respective regulations.
6. People who roll or damage the roads of
vehicular circulation without the respective authorization, leave debris or do not remove the waste from the public road after completion of the works.
7. The driver of an automotive vehicle that circulates
with people on the stirrups or on the steps, buckets of vans, bumpers or hanging of the body of the vehicles.
8. The
independent public transport, commercial or
transport driver who performs the passenger and freight transport service on whose vehicle the retroreflective strips provided for in the traffic regulations are not carried.9. The public or commercial transport driver
who refuses to provide the service. For cyclists and pedestrians, where appropriate, they shall be punished only with the fine. Article 389.-Fourth class transit contracts.- They will be fined equivalent to thirty percent of a worker's unified basic salary in general, and a six-point reduction in their driver's license:
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1. The driver or driver who disobeys the orders of the
transit agents, or who does not respect the manual signs of such agents, in general any signs posted on the public roads, such as: traffic lights, stop, transfer, crossing, or path preference.
2. The person who forward to another vehicle in
movement in dangerous areas or sites, such as: curves, bridges, tunnels, by crowning a slope or contravening express regulatory or signalling standards.
3. The driver or driver that alters the traffic and the
traffic safety, by placing obstacles in the public road without the respective authorization or without fixing the corresponding notices.
4. The drivers of transport vehicles
school that do not carry distinctive elements and special parking lights, which must be used at the stops to embark or disembark students.
5. The driver or driver missing the authority or
transit agent. 6. The driver or driver who with an automotive vehicle
exceeds within a moderate range the permitted speed limits, in accordance with the relevant traffic regulations.
7. The driver or driver who drives a motor vehicle
does not comply with the appropriate technical technical standards and conditions as required by the respective traffic regulations, and the vehicle must be retained until the vehicle exceeds the vehicle. cause of the violation.
8. The professional driver or driver who is not authorised,
provides a public transport, commercial, or self-employed service outside the geographical scope of the provision authorised in the relevant enabling title; the driver of the chartered taxi or chartered mixed transport which exceptionally transport passengers outside the scope of operation, it is prohibited to establish routes and frequencies.
9. The owner of a utility vehicle
public, commercial, or private that trusts its driving to unauthorized persons.
10. The driver or driver who carries the load without placing on
the protruding ends thereof, red flags on the day or lights at night, in accordance with the provisions of the traffic regulations or without observing the requirements of the same.
11. The driver and the companions, in the case of
having them, of motorcycles, snowmobilers, bikes, tricycles and quadrons which do not properly use safety helmets approved in accordance with the provisions of the transit regulations or, that do not use retroreflective visible garments at night
12. The person driving an automotive vehicle without the corresponding identification plates or the altered or hidden plates and in accordance with the provisions of the traffic regulations.
If the vehicle is new the driver or The owner will have a maximum period of thirty days to obtain the relevant documentation.
To the cyclists and pedestrians, in the appropriate cases, they will be punished only with the fine. Article 390.-Fifth class transit contracts.- You will be fined equivalent to fifteen percent of a worker's unified basic salary in general and four-point reduction five points on your driver's license: 1. The driver or driver who, when descending by a slope,
turns off the engine of his vehicle. 2. The driver or driver who carries out any illicit action
to evade payment of tolls on legally established sites.
3. The driver or driver driving a vehicle in the direction
contrary to the normal road traffic, provided that the respective signalling is clear and visible.
4. The driver or driver of a diesel vehicle whose pipe of
exhaust is not installed in accordance with the traffic regulations.
5. The owner or driver of a vehicle
motor vehicle which, in case of emergency or public calamity, after being required, refuses to provide the aid requested.
6. The driver of motor vehicles that, before the
alarm signals or siren touch of an emergency vehicle, does not leave the path free.
7. The driver or driver who stops or parking a vehicle
is in disallowed places, to leave or pick up passengers or cargo, or for any other reason.
8. The driver or driver who parked an automotive vehicle
on any type of track, without taking the precautions prescribed to prevent a traffic accident or leave it abandoned on the public road.
9. The driver or driver of a taxi, who does not use the
taximeter twenty-four hours, alters its operation or does not locate it in a visible place to the user.
10. The driver or driver of an automotive vehicle you have,
according to the traffic regulations, the obligation to have seat belts and do not require the use of the seat belts to its users or companions.
11. The driver or driver who makes a sharp change
lane.
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12. The driver of a public transport vehicle
mass of passengers to load fuel when they are in the service of transport.
13. The driver or driver in his or her arms or on non-
sites suitable for persons, animals or objects. 14. The driver or driver who drives a vehicle without lights,
in poor working condition, does not make the change of the same in the hours and circumstances that establish the traffic regulations or do not use the light-directional lights before making a turn or parking.
15. The driver or driver who forwards to a vehicle of
school transport while it is parked, in places authorized for that purpose, and its passengers are embarking or disembarking.
16. The driver of vehicles owned by the sector
Ecuadorian public driving the official vehicle out of the office hours, without carrying the respective laissez-passer.
17. The mass or public transport vehicle driver
who refuses to transport cyclists with their bicycles, provided that the vehicle has the facilities to transport them.
18. The driver or driver who does not respect the preferred right
of the riders on the detours, avenues and roads, crossing roads, non-signposted intersections and bike paths.
19. The driver or driver who invades with their vehicle,
circulating or parking, the routes assigned for the exclusive use of the riders.
20. The driver of motorcycles, snowmobilers,
bikes, tricycles and quadrons that transport a number of people higher than the permitted capacity, in accordance with the provisions of the traffic regulations.
21. The person altering the circulation and security
pedestrian by placing obstacles on the public road without the respective authorization or without fixing the corresponding notices.
22. The driver or driver who leaves the vehicle inside the vehicle to
girls or boys alone, without supervision of an adult person.
To the cyclists and pedestrians, in the appropriate cases, will be punished only with the fine. Article 391.-Sixth class transit contracts.- You will be penalized with a fine equivalent to ten percent of a general worker's unified basic salary and three-point reduction in your driver's license: 1. The driver or driver of a vehicle that circulates
in violation of the rules provided for in the regulations of transit and other applicable provisions, related to the emanation of gases.
2. The person who does not drive his vehicle on the right in the double-direction tracks.
3. The driver or driver who invades with their vehicle the
paths assigned to the fast transport buses.
4. The driver or driver of an automotive vehicle that does not carry in the vehicle, a first aid kit equipped and a fire extinguisher charged and operating, in accordance with the provisions of the traffic regulations.
5. The driver or driver who parked a vehicle on the
sites prohibited by law or traffic regulations; or who, without the right, parking their vehicle in spaces intended for the exclusive use of persons with disabilities or women pregnant; or park your vehicle by hindering disabled access ramps, garage doors or pedestrian traffic areas. In case the driver is not in the vehicle it will be moved to one of the vehicle retention sites
6. The person who impedes vehicular traffic to the
run out of fuel. 7. The driver or driver of a particular motor vehicle
transporting children without corresponding securities, in accordance with the provisions of the traffic regulations.
8. The driver or driver who does not stop the vehicle, before
crossing a railway line, of fast-moving buses on exclusive or similar tracks.
9. The person who drives or installs, without authorization of the
competent body, in private or public vehicles, sirens or beacons of any kind, in which case in addition to the sanction provided for in this Article, the person shall be removed from the beacons, or vehicle sirens.
10. The driver or driver who in the event of a mechanical malfunction
does not use or does not properly place the safety triangles, as set out in the traffic regulations.
11. The person driving a vehicle with glass with
dark, polarised anti-solar films or any type of adhesive that prevents the driver's visibility, except those authorised in the relevant regulation or whose polarisation of source is factory.
12. The driver or driver using the cell phone
while driving and not using the approved hands-free device.
13. The mass or the public transport driver of service
to breach the preferential rates set by the law for the benefit of children, students, adults over sixty-five years of age and persons with disabilities special.
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14. The driver or driver who does not turn on the lights of the
vehicle in the night or drive in dark places like tunnels, with the lights off.
15. The driver, driver, or transport helper
public or commercial that maltries the work or word to the users.
16. Persons who, without permission of the authority of
competent transit, conduct sports activities or competitions on public roads, with human or animal traction vehicles.
17. The owner of mechanics, stations of
service, workshops of bicycles, motorcycles and of local repair or adaptation of vehicles in general, that he provides his services on the public road.
18. The owner of public service vehicles,
commercial or private that installs video or television equipment on their vehicles on sites that may cause the driver to be distracted.
19. The driver of a vehicle that provides service of
urban transport that circulates with the doors open. 20. The driver of heavy vehicles that circulates by
restricted zones without prejudice to compliance with the provisions of the municipal ordinances.
21. The person driving an automotive vehicle without
carrying his driver's license. For cyclists and pedestrians, in the appropriate cases, they will be punished only with the fine. Article 392.-Seventh Class Transit Contracts.- You will be fined equivalent to five percent of a general worker's unified basic salary and reduction of one point five points on your driver's license: 1. La or the driver who uses inadequately and repeatedly
the horn or other sound devices in violation of the rules laid down in the traffic regulations and other applicable rules concerning the emission of noise.
2. The
mass of persons and commercial public transport driver
vehicle circulates without the distinctive and regulatory identification, on the type of service the drive is providing.3. The person with a disability who drives a vehicle
adapted to his or her disability without the corresponding identification or flag.
4. The driver of a public service vehicle
not present the passenger list, in the case of interprovincial or international public transport.
5. The driver or driver who does not maintain the distance
prudent tracking, in accordance with traffic regulations.
6. The driver or driver who does not use the seat belt.
7. The driver or driver of a public transport vehicle
or commercial that does not make available to passengers containers or covers for garbage collection or waste.
8. The pedestrian or pedestrian who on public roads does not transit through
the sidewalks or security sites intended for the effect.
9. The pedestrian or pedestrian who, before the alarm signals or the siren call
of an emergency vehicle, does not leave the path free.
10. The person who from inside a vehicle throws
to the public road that pollutes the environment. 11. The person who is engaged in commercial activity or
service over the pedestrian or pedestrian safety zones.
12. The rider or rider who circulates for sites on
who is not allowed. 13. The buyer of an automotive vehicle that does not
register, in the relevant transit agency, the transfer of the domain of the good, within the thirty-day period, counted from the date of the respective contract.
14. The rider and driver of traction vehicles
animal that does not respect the respective regulatory signalling.
15. The owner of a vehicle that installs, lights,
headlights or fogs on prohibited sites of the automotive, without the respective authorization.
To the and the cyclists and pedestrians, in the appropriate cases, will be sanctioned only with the fine.
CHAPTER NINTH VIOLATIONS
Article 393.-First class contracts.- You will be sanctioned with community work of up to fifty hours or a custodial sentence of one to five days: 1. The The carrier overloads the vessels, by
on the authorized capacity. 2. The person who destroys, inuses or disclaims the
traffic control devices or signs, or damages the city ornate or the private property of citizens with paintings, graphics, phrases or any other manifestation, in unauthorised places. In the cases determined in this numeral, the person who is in breach shall be obliged to repair the damage caused.
3. The person who has wells without the proper ones
safeties.
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4. The person making public scandal without weapons,
except for the case of a fair self-defense or a third party. 5. The master of the vessel sailing with two to more
navigation patents of various nations or without a patent; the one who navigates without registration or without another document that proves his nationality and the legitimacy of his journey.
Article 394.-Second class contracts.- It shall be sanctioned with a custodial sentence of five to ten days: 1. The person who infringes the regulations and
provisions of the authority on the custody of flammable materials, corrosive or chemical products that can wreak havoc.
2. The person who will mistreat, insult, or assault the work of
the agents responsible for protecting public order in the exercise of their duties.
Article 395.-Third class contracts.- Ten to fifteen days of freedom: 1. The owner or administrator of establishments
in operation that does not comply with the current fire safety measures
2. The person closing the emergency doors of the
mass concurrency establishments, preventing the evacuation of persons.
Article 396.-Fourth class contracts.- It will be sanctioned with a penalty of freedom from fifteen to thirty days: 1. The person who, by any means, profiteth
expressions in disrepute or dishonor against another.
This violation shall not be punishable if the expressions are reciprocal in the same act.
2. The person who sells or offers alcoholic beverages, from
moderation or cigarettes to girls, children, or adolescents. 3. The person who improperly makes use of the
unique emergency care number to give a false emergency notice and involve the unnecessary displacement, mobilization or activation of resources of the institutions of the emergency.
4. The person who voluntarily wounds or hits another,
causing injury or incapacity for work, not exceeding three days.
5. The person who without the proper authorization of the
competent body produces or commercializes pyrotechnic material.
Article 397.-Contracts in sports and mass concurrency scenarios.- Community work hours and prohibition
entry to all sports and mass concurrency scenario up to one year: 1. The person who during the development of a massive event
violently invades and without authorization the land of game or scenario.
2. The person who throws blunt objects at the
court, main stage, gradients, places of transit or access.
3. The person who surreptitiously introduces to
sports or mass concurrency scenarios, white guns, firecrackers, flares, or prohibited pyrotechnic material.
The sports leader or bar leader of the clubs participants in sporting events where acts of violence occur and do not report them to the competent authority.
SECOND PROCEDURE BOOK
TITLE I
JURISDICTION AND JURISDICTION
CHAPTER FIRST JURISDICTION
Article 398.-Jurisdiction.- Jurisdiction consists of the public authority to judge and execute the court. Only those and the judges, determined in the Constitution, the Organic Code of the Judicial Function and in this Code, exercise jurisdiction in criminal matters for the prosecution of criminal offences committed in the national territory and in foreign territory in the cases established by the international instruments signed and ratified by the State. Article 399.-Criminal courts.- The structure, functions and powers of the organs of criminal jurisdiction are determined in the Organic Code of the Judicial Function. Article 400.-Scope of the Jurisdiction.- They are subject to the criminal jurisdiction of Ecuador: 1. The Ecuadorians or the foreigners who
commit an infringement on the national territory. 2. La or the Head of State and the representatives
diplomats from Ecuador, his family and the entourage, who commit an offence in foreign territory and the Ecuadorian consuls who, in the same case, do so in the exercise of their consular functions.
3. The Ecuadorians or the foreigners who
commit an infraction on board of the Ecuadorian flag carriers registered in Ecuador, either in the national airspace or the Ecuadorian territorial sea or in the space air or territorial sea of another State.
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4. The Ecuadorians or the foreigners who
commit violations against international law or the rights provided for in existing international conventions or treaties, provided that they have not been tried in another State.
except, in accordance with international conventions and instruments ratified by the Republic of Ecuador, the heads of other states located in the country, and the diplomatic representatives accredited and resident in the country. the Ecuadorian territory and the diplomatic representatives of other states, passers-by occasionally for the territory. This exception extends to the spouse, daughters, children, employees or foreign employees and other entourage of the head of state or of each diplomatic representative, provided that they officially bring to the attention of the Ministry responsible for the external relations, the payroll of such an entourage or the personnel of the mission. Article 401.-Universal Jurisdiction.- Crimes against humanity may be investigated and prosecuted in the Republic of Ecuador, provided that they have not been tried in another State or by international criminal courts, in accordance with the established in this Code and in the international treaties signed and ratified.
CHAPTER SECOND COMPETITION
Article 402.-Nature.- The jurisdiction in criminal matters is divided according to the rules of jurisdiction established in the Organic Code of the Judicial Function. Article 403.-Importability.- The jurisdiction in criminal matters is unextendable, except in the cases expressly stated in the law. Article 404.-Competition rules.- To determine the jurisdiction of the or the judge, the following rules shall be observed: 1. There is competence of the or the judge when the offence has
committedthe constituency territory in which the latter exercises its functions. If there are several judges, the jurisdiction shall be assigned in accordance with the procedure laid down by law.
2. When the violation has been prepared and started on a
place and consummated in another, the knowledge of the cause corresponds to the or the judgment of the latter.
3. Where it is not possible to determine the place of the
commission of the offence or the offence has been committed in different or uncertain territorial constituencies, the judge or the judge shall have jurisdiction:
(a) The place where the person is apprehended or
stopped. b) From the place of the address of the person processed,
even if there is leakage.
c) Of the capital of the Republic, if it is not possible to determine domicile.
4. If subsequently, the place of the
infringement is discovered, everything acted will be referred to the judge or the judge of the latter site to continue the procedure or judgment, without declaring the process null and void. If the process is initiated in a territorial constituency and the person prosecuted has been apprehended or detained in another constituency, the competition will be in favour of the judge or the judge initiating the process.
5. When the violation is committed within the limit of two
territorial constituencies will be competent the or the judge who prevents in the knowledge of the process, according to the law.
6. When the offence is committed in foreign territory,
the person prosecuted shall be judged by the court or the judge of the territorial division in which he is apprehended or detained or by the judge or the judge of the capital of the Republic of Ecuador.
7. When multiple persons prosecuted for an
breach there are some or some who enjoy the Provincial Court of Justice's jurisdiction, it will judge all persons prosecuted.
8. When multiple persons prosecuted for an
breach there are some or some who have a National Court of Justice jurisdiction, it will judge all persons prosecuted.
9. If several persons prosecuted for the same
infringement there are some or some who enjoy the jurisdiction of the National Court and other of the Provincial Court of Justice, the National Court of Justice will have jurisdiction.
10. If the people processed are subject to different
provincial courts, it will be competent to prevent them from knowing the process.
11. In cases of violence against women or members
of the family core will not be recognized as fuero. Article 405.-Court of competent jurisdiction.- In cases of violations in which universal jurisdiction exists, the Ecuadorian judge may determine jurisdiction to ensure better conditions for the prosecution of the infringement. the protection and integral repair of the victim. Article 406.-Conformity.- When related infractions of the same or different gravity are committed, in the same place or in different places, there will be a single criminal prosecution in the jurisdiction where the most serious violation is consumed. There is a connection when: 1. A person is charged the commission of more than one
made punishable by one or more actions or omissions made with a time unit.
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2. A person is charged the commission of several facts
punishable if they have been committed in order to consummate or conceal others.
Article 407.-Extraterritorial procedural acts.- The tax or the prosecutor may practice within the territory national, recognition, inspection or other evidence of evidence gathering, in places where he does not perform his duties, where he considers it necessary within the investigation or where one of the procedural subjects has requested it. As regards the recognition of places, results, traces, signs, weapons, objects and instruments or to prevent persons with necessary information being absent from the place of the facts, the prosecutor or the prosecutor may have the practice of such (a) the staff of the comprehensive specialised system of research, legal medicine and forensic sciences or the staff of the competent body in the field of transit. In the private exercise of the criminal action, the judge may arrange for the experts and the experts established in this article. For the practice of any other judicial proceedings, he or she may be liable to the judgment of the respective place. Article 408.-Validity of extraterritorial procedural acts.- In the event of displacement on the grounds of jurisdiction of a criminal proceedings from one judge to another, everything acted by the non-competent judge shall be added to the process of the competent. The procedural acts carried out by the former have full legal validity, unless there are grounds for cancelling them. The actions of the or the prosecutors will not be null and void because they are practiced outside the territorial scope in which they exercise functions.
TITLE II CRIMINAL ACTION
CHAPTER FIRST
CRIMINAL ACTION EXERCISE Article 409.-Criminal action.- The criminal action is of a public nature. Article 410.-Exercise of the action.- The exercise of criminal action is public and private. The public exercise of the action corresponds to the Prosecutor's Office, without the need for prior denunciation. The private exercise of criminal action is solely for the victim, by means of complaint. Article 411.-Entitlement to Public Criminal Action.- The Office of the Prosecutor General shall exercise public criminal action when it has sufficient evidence of the existence of the infringement and the responsibility of the person prosecuted. The prosecutor may refrain from exercising criminal action, when: 1. The principle of opportunity can be applied.
2. A causal of prejudiciality, procedurability or previous questions is presented.
Article 412.-Principle of opportunity.- La or the prosecutor may refrain from initiating the criminal investigation or desist from the already started investigation, in the following Cases: 1. In the case of a penalty punishable offence
deprivation of liberty of up to five years, with the exception of offences that seriously compromise the public interest and do not infringe the interests of the State.
2. In those guilty violations in which the
investigated or prosecuted suffers serious physical harm that makes it impossible for him to lead a normal life.
The prosecutor may not refrain from initiating criminal investigation in the cases of crimes for serious violations of human rights and crimes against international humanitarian law, crimes against sexual and reproductive integrity, organized crime, violence against women or members of the family core, trafficking in persons, trafficking of migrants, hate crimes, of classified support subject to audit and crimes against the structure of the constitutional state of rights and justice. Article 413.-Processing of the application of the principle of opportunity.- At the request of the prosecutor, the judge or the judge shall convene a hearing in which the parties must demonstrate that the case complies with the required legal requirements. The victim will be notified to attend this hearing. Their presence will not be mandatory. If the judge does not agree with the assessment of the prosecutor or note that the requirements are not met, he or she shall send within three days of the date of the judgment or the superior prosecutor to ratify or revoke the decision in question. the period of 10 days from receipt of the dossier. If the decision is revoked, it will not be able to apply again for the application of the principle of opportunity and the case will pass to the knowledge of another prosecutor, to initiate the investigation or, if necessary, continue with its processing. If the decision is ratified, the action shall be sent to the judge or the judge to declare the termination of the exercise of the criminal action. The termination of the exercise of the criminal action for the reasons provided for in this article does not prejudice, limit or exclude the right of the victim to pursue through the civil road the recognition and the integral reparation of the damages derived from the act. Article 414.-Prejudiciality.- In the cases expressly indicated by the Law, if the exercise of criminal action depends on questions of a preliminary ruling, the decision of which is solely the responsibility of the civil jurisdiction, the criminal proceedings may not be initiated before that there is a firm order or judgment in the question referred for a preliminary ruling. Article 415.-Private exercise of criminal action.- The private exercise of the action in the following offences is appropriate:
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1. Slander 2. Usurpation 3. Estupro 4. Injuries that cause disability or disease of
up to thirty days, with the exception of cases of violence against women or members of the family nucleus.
CHAPTER SECOND
EXTINCTION AND PRESCRIPTION OF THE EXERCISE OF THE PENAL ACTION
Article 416.-Extinction of the exercise of the criminal action.- The exercise of the criminal action shall be extinguished by: 1. Amnesty. 2. Issuance or free and voluntary resignation of the victim,
withdrawal or transaction, in the crimes that the private exercise of the action proceeds.
3. Once the
alternative mechanisms for conflict resolution to criminal proceedings are fully met.
4. Death of the person processed. 5. Prescription. Article 417.-Prescription of the exercise of the action.- The prescription may be declared by the court or the judge, either on its own initiative or at the request of a party, in accordance with the following rules: 1. For the duration of time and under the conditions that
are set in this Code. 2. Both in the public or private exercise crimes of
the action is distinguished if, committed the offense, the process is started or not.
3. Regarding the crimes in which the
criminal proceedings have not been initiated: a) The public exercise of the action prescribes in the same
time of the maximum penalty of deprivation of liberty foreseen in the penal type, counted since the crime is committed. In no case, the public exercise of the action will prescribe in less than five years.
b) The private exercise of the action, will prescribe in the
period of six months, counted since the crime is committed.
c) In the case of a Continued crime, the term of the
prescription will be counted from the date the conduct ceases.
d) In cases of disappearance of person, the periods of
prescription will start to be counted from the day the person appears or has the necessary elements to make an imputation for the corresponding offense.
4. If the criminal proceedings have been initiated, the public exercise of the action shall be prescribed at the same time as the maximum sentence of deprivation of liberty, provided for in the penal type, from the date of the commencement of the respective instruction. In no case shall the public exercise of the action be prescribed in less than five years.
5. In the private exercise of the action the prescription will be
produced after two years from the date of the citation of the complaint.
6. In the case of contraventions, the exercise of the action
will prescribe in three months, counted since the infringement is committed. If the process has been initiated by a violation, the prescription will operate within one year, counted from the beginning of the procedure.
Article 418.-Extinction of criminal action for violations sanctioned with fine.- exercise of the criminal action for offences punishable by fines, shall be extinguished in any state of the process by the voluntary payment of the maximum of the fine corresponding to the infringement. Article 419.-Interrupt of the prescription.- The prescription of the exercise of the action shall be interrupted when, prior to the expiration of the period, the person is initiated a criminal prosecution for another offence. In the event that in the second infringement is obtained overment or executed sentence that ratifies the innocence, the period of the suspension will not be taken into account. Article 420.-Application separately from the prescription and its interruption.- The prescription and its interruption shall be applied separately for each of the members of the infringement.
CHAPTER THIRD COMPLAINT
Article 421.-Complaint.- The person who comes to know that a crime of public exercise of the action has been committed, will be able to file his complaint with the Office of the Prosecutor General, to the staff of the integrated specialized system of investigation, medicine legal or forensic sciences or the competent body in the field of transit. The complaint shall be public, without prejudice to the fact that the personal identification data of the complainant, processed or the victim, are kept in reserve for protection. Article 422.-Duty to report.- You must denounce those who are required to do so by express mandate of the Law, in particular: 1. The public servant or servant who, in the exercise of his
functions, knows of the commission of an alleged crime against the efficiency of public administration.
2. The public or private health professionals of establishments
, who are aware of the commission of an alleged crime.
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3. The directors, educators or other persons
responsible for educational institutions, for alleged crimes committed in these centers.
Article 423.-Complaint to the staff of the Comprehensive System of Investigation.- When the complaint is filed with the National Police, personnel of the comprehensive specialized system of investigation, legal medicine and forensic sciences or the competent body in the field of transit, will be transmitted within a maximum period of Twenty-four hours to the prosecutor or the prosecutor. Article 424.-Exoneration of the duty to report.- No one may be required to report to his or her spouse, a couple in stable union or relatives up to the fourth degree of consanguinity or second degree of affinity. Nor will this obligation exist when knowledge of the facts is covered by professional secrecy. Article 425.-Recognition without oath.- The prosecutor or the prosecutor before whom the complaint is filed shall make the complainant recognized without oath, without prejudice to the conduct of the investigations by the prosecutor or the prosecutor. It will also warn you of the responsibilities arising from the submission of rash or malicious complaints. Article 426.-Act.- The recognition of the complaint shall be recorded in the act signed by the prosecutor and the complainant. If the latter does not know or cannot sign, he or she must stamp his fingerprint and one or a witness shall sign for it or him. Article 427.-Forms of denunciation.- The complaint may be made orally or in writing. Anonymous writings that do not provide evidence or concrete data that guide the investigation will be filed by the corresponding prosecutor. Article 428.-Written denunciations.- The written complaint shall be signed by the complainant or the complainant. If the latter does not know or cannot sign, it must stamp its fingerprint and one or a witness will sign for it or him. Article 429.-Verbal denunciations.- If the complaint is verbal, the respective act shall be seated, at the foot of which the complainant or the complainant shall sign. If the latter does not know or cannot sign, it shall be subject to the provisions of the foregoing Article. Article 430.-Content.- The complaint shall contain the names, surnames, home address or judicial or electronic address of the person or the complainant and the clear and precise relationship of the infringement and if possible with the expression of the place, day and time when it was committed. The day and time of the presentation shall be recorded and if possible, the following data shall be entered: 1. The names of the authors or authors,
accomplices, if known as well as those of the persons who witnessed the infringement or who may have knowledge of it.
2. The names and names of the victims and the determination of the damage caused.
3. All other indications and circumstances that
may lead to the verification of the existence of the infringement and the identification of the reported.
The lack of any of this data will not prevent the initiation of the research. The complaint by the president requires special power, in which the data set out in this article must be expressly stated. Article 431.-Liability.- The or the whistleblower is not a procedural part, but will respond in cases of reported complaint as malicious or reckless.
CHAPTER FOURTH PARTICULAR ALLEGATION
Article 432.-Indictment - May present a particular charge: 1. The victim, by itself or through his/her representative
legal, without prejudice to the ability to intervene in all the hearings and to claim their right to the integral repair, even when not presenting a particular charge.
2. The victim, as a legal person, will be able to charge for
the means of his legal representative, who can act for himself or by prosecution or judicial prosecutor.
3. The victim as an entity or public body, may
indict by its legal representatives or its special delegates and the State Attorney General, for institutions that lack legal status, without prejudice to the intervention of the Attorney General of the State.
In the special delegation, the name and surname of the person prosecuted and accused must be expressly stated and the full relation of the offence to which he is accused. Article 433.-Processing.- In the procedure the following rules must be followed: 1. The particular charge may be filed from the
beginning of the instruction until before its conclusion. 2. The particular accuser will appear before the or the
judge to recognize the content of the indictment. 3. The judge or judge will examine whether the particular allegation
meets the intended requirements and will accept it, ordering the subpoena. If he finds it incomplete, the judge or the judge, after specifying the omission clearly, will have the accuser complete it within three days. If the particular accuser does not complete it, it shall be understood as not being proposed.
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4. The or the judge will order the subpoena with the indictment
the person prosecuted for any effective means at his/her reach and will leave the procedural act on record.
5. The victim may, at any time, desist from the
particular charge. 6. The particular accuser may appear
personally or through her public defender or defender or sponsor or judicial prosecutor to the hearings provided for in this Code, with the exception of the judgment hearing in which she shall be be present, otherwise the particular charge will be declared abandoned, the prosecutor or the prosecutor will continue with the momentum of the process.
7. The judge or the judge, when he dictates that he puts
end to the process, will compulsorily declare whether the particular charge is malicious or reckless.
Article 434.-Content.- The particular charge shall be filed in writing and contain: 1. The name, last name, home address or locker
judicial or electronic, number of citizenship card or identity or passport number of the person who presents it.
2. The name and surname or identification that individualizes
to the person processed and if possible, their home address.
3. The justification for being in the condition of
victim. 4. The relationship of the facts, with determination of the place,
day, month and year in which it is committed as well as of the accused infraction.
5. The signature of the person you accuse or your proxy or
proxy with special power. In this power, the name and surname of the person prosecuted or accused shall be expressly stated and the full relation of the offence to be charged.
6. If the accuser or the accuser does not know or cannot sign, you must
stamp the fingerprint, in the presence of one or a witness.
Article 435.-Citation.- The citation of the particular charge shall be made to the person or to the defendant personally, by handing over the corresponding ballot. If he is not present at the place indicated for the summons, he will be summoned by three ballots delivered in his residence or domicile, in three different days. But if he points to a judicial address, the summons will be issued by a single ballot left in that address or e-mail address. The summons shall contain the text of the charge and the order of acceptance to be processed. The ballot shall contain the prevention of the designation of a public or private defender and of a box, judicial address or electronic address for the notifications.
If the defendant is on the run or is not known to be domiciled, the summons to the judicial locker if it has been pointed out and the Public Defender's Office. If your home and court are not known, the summons will be issued through the Public Defender's Office. Article 436.-Common Prosecutor.- If two or more accusers are presented in the same process for the same crime and against the same defendants, the judge or the judge will order that they appoint a common prosecutor within forty-eight hours. After the presentation of the indictment and if they do not, it will be appointed ex officio. This rule will not apply if several are directly affected by the offence. Article 437.-Discharge.- The withdrawal only fits if the defendant expressly consents to it within the process. In this case there is no malice or temerity rating. Parents acting on behalf of children under the age of 18, guardians or curators, or representatives of public sector institutions shall not be withdrawn. The withdrawal will proceed at the joint request of the accuser and accused and will be resolved in hearing. Article 438.-Renunciation.- The victim may waive the right to propose a particular charge. Parents acting on behalf of children under the age of 18, or guardians or curators, or representatives of public sector institutions, may not waive that right. No waiver in cases of crimes against sexual and reproductive integrity or violence against women or family members is permitted.
TITLE III PROCEDURAL SUBJECTS
Article 439.-Procedural subjects.- They are subject to criminal proceedings: 1. The person prosecuted 2. Victim 3. The Prosecutor's Office 4. The Defense
CHAPTER FIRST PERSON PROCESSED
Article 440.-Processed Person.- The natural or legal person, against whom, the person or the prosecutor, is deemed to be a person prosecuted. The person prosecuted will have the power to exercise all the rights granted to him by the Constitution, the International Human Rights Instruments and this Code.
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CHAPTER SECOND
VICTIM Article 441.-Victim.- They are considered victims, for the purposes of applying the rules of this Code, to the following persons: 1. Natural or legal persons and other subjects of
rights that individually or collectively have suffered some damage to a legal property directly or indirectly as a result of the infringement.
2. Who has suffered physical, psychological, sexual assault or
any type of damage or damage to their rights by the committing of a criminal offence.
3. The spouse or partner in free union, even in
same-sex couples; ascending or descending within the second degree of consanguinity or first of affinity of the persons noted in the previous numeral.
4. Those who share the home of the aggressor or
assaulted, in cases of crimes against sexual and reproductive integrity, personal integrity or violence against women or members of the family core.
5. The company or shareholder of a legally
company constituted that has been affected by violations committed by its administrators or administrators.
6. State and public sector legal persons or
private persons who are affected by an infringement. 7. Anyone who has direct interest in the case of
those violations that affect collective or diffuse interests.
8. Indigenous communities, peoples, nationalities and communes
in those violations that collectively affect the members of the group.
The status of victim is independent of the identification, apprehension, prosecution, sanctioning or
CHAPTER 3 PROSECUTION
Article 442.-Prosecutor's Office.- The Office of the Prosecutor General directs the pretrial and procedural criminal investigation and intervenes until the completion of the process. The victim must be instructed by the prosecutor or the prosecutor on his or her rights and in particular on his intervention in the case. Article 443.-Powers of the Prosecutor's Office.- The Office of the Prosecutor General exercises the following powers: 1. Organize and direct the comprehensive specialized system of
research, legal medicine and forensic sciences. 2. Direct the protection and assistance system of
victims, witnesses and other participants in the process.
3. To issue in coordination with the entities supporting the comprehensive specialized research, legal and forensic sciences system or with the competent body in the field of transit, the manual of procedure and technical standards for the performance of the investigative functions.
4. Ensure the intervention of specialized prosecutors in
crimes against sexual and reproductive integrity, violence against women or members of the family core, hate crimes and those committed against girls, children, adolescents, young people, people with disabilities, adults and older adults and, in the relevant areas, which, due to their particularities, require greater protection.
Article 444.-The privileges of the prosecutor or the prosecutor.- the following: 1. Receiving written or verbal complaints in the crimes in
which proceeds from the public exercise of the action. 2. Recognize the places, tracks, signals, weapons, objects
and instruments with the intervention of the personnel of the comprehensive specialized system of research, legal medicine and forensic sciences or competent personnel in the field of transit, as provided in this Code.
3. Formulate charges, push and sustain the allegation of
having merit or abstaining from the public exercise of the action.
4. To provide the staff of the comprehensive specialized system
of research, legal medicine and forensic sciences or the competent personnel in the field of transit, the practice of diligent actions to clarify the fact, except the reception version of the suspect.
5. Monitor the provisions given to the staff of the
Comprehensive specialized system of research, legal medicine and forensic sciences or the competent authority on transit.
6. Receive the victim and people's versions
who witnessed the facts or those to whom they have any information about the fact or their authors.
7. Ask the judge, in the cases and with the
solemnities and formalities provided for in this Code, the reception of the advance testimonies applying the principles of inmediation and contradiction, as well as the victims of crimes against sexual and reproductive integrity, human trafficking and violence against women or family members.
8. Prevent, for a time not longer than eight hours, that
persons whose information is required, are absent from the place, in the form set forth in this Code.
9. Have the person apprehended in crime
be placed at the orders of the relevant court, in order to resolve their situation
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legal within twenty-four hours since the apprehension occurred.
10. To provide the staff of the comprehensive specialized system
of investigation, legal medicine and forensic sciences or competent authority in the field of transit, identification of the suspect or the person processed when the victim or the You do not know your first and last name but ensure that you will be identified if you return to see it, in accordance with the provisions of this Code.
11. Ask the judge or judge to dictate the measures
protective and protective measures that it considers appropriate for the defense of the victims and the restoration of the right. You may also ask for the revocation or termination of such measures when you consider that the investigation has allowed the evidence to fade.
12. Order the comprehensive assessment of all indications that
have been raised at the scene of the event, ensuring the preservation and proper handling of the evidence.
13. Apply the principle of opportunity. 14. Dispose the practice of other investigations
research you consider necessary. Whenever the rights of any person are limited, authorization of the judge or the judge will be required. The complainant or any person who, at the discretion of the prosecutor or the prosecutor, must cooperate in order to clarify the truth, will have to appear before the Office of the Prosecutor General for the practice of the respective procedural act. In the event of non-compliance, the prosecutor may request the appearance with the use of the public force.
SECTION FIRST National System of Protection and Assistance of Victims,
witnesses and other participants in the process Article 445.-Organization.- The Office of the Prosecutor General directs the national system of protection and assistance of victims, witnesses and other participants in the process, through which all participants in the pretrial investigation or in any the process stage, they will be able to benefit from the specialized protection and assistance measures for to protect their integrity and not revictimisation, when they are in danger. This system will have the necessary resources from the General Budget of the State, for its efficient management. Article 446.-Coordination.- To comply with the principles of accessibility, responsibility, complementarity, opportunity, effectiveness and efficiency, all public and private entities related to the interests and objectives of the National System of protection and assistance of victims, witnesses and other participants in the process, are required to coordinate in their respective areas of competence.
For the implementation of the System, specialized personnel will be provided. In localities where such personnel are not available, health centres, clinics, public or private hospitals, accredited protection centres or shelters and other public or private entities with knowledge shall be involved. suitable for carrying out the activities required. The Office of the Prosecutor General shall, in order to comply with the purposes of the System, direct through the corresponding entities a team of agents destined for the protection of the victims, witnesses and other participants in the criminal proceedings. Article 447.-Regulations.- The System of protection and assistance to victims, witnesses and other participants in the criminal proceedings, should be regulated by means of legislation elaborated in coordination with the public entities that support the System.
SECTION SECOND Comprehensive specialized research system, of
legal medicine and forensic sciences Article 448.-Organization and direction. In pretrial and criminal proceedings, the Prosecutor's Office will organize and direct the Comprehensive specialized system of research, legal medicine and sciences forensics that will provide specialized technical and scientific support services to the administration of justice. The System will have the support of the specialized agency of the National Police and civilian investigation personnel, who will carry out the necessary measures to fulfill the aims foreseen in this Code, will execute their tasks under the The Office of the Prosecutor General will be administratively dependent on the ministry of the branch. Article 449.-Privileges.- They are the privileges of the personnel of the comprehensive specialized system of investigation, legal medicine and forensic sciences: 1. Give the or the prosecutor immediately, of
any news that has on the committing a crime of public exercise of criminal action.
2. Receive complaints of public exercise of the
criminal action and refer them immediately to the Prosecutor's Office for processing.
3. Perform the first investigative steps, such
as: interviews, surveillances, management of sources and others, which will be recorded using magnetophonic or video recording.
4. Apprehend the persons caught in crime
Flagrant, who will communicate their rights to them, prepare the relevant part and the person apprehended, shall be immediately, at the orders of the competent judicial body.
5. Take appropriate and timely measures to
prevent the committing or consummation of an infringement that comes to your knowledge.
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6. Monitor, protect, protect and preserve the place where
is allegedly committed to the violation and collect results, traces, signals, weapons, objects, instruments and other vestiges.
7. Proceed to the lifting and identification of the corpse. 8. To comply with the stated deadlines, the
provisions for the practice of investigative proceedings of the prosecutor or the prosecutor.
9. Comply with the orders given to them by the prosecutor or the or
the judge. 10. Identify the suspects. 11. Keep the
information databases up to date and bring a statistical system of crime investigation.
12. Ask the prosecutor or the prosecutor for the judicial authorization for the
practice of investigative proceedings. A report shall be submitted to the prosecutor or to the prosecutor, within the time limits, on the investigative measures and their results. In those places where there is no personnel of the comprehensive specialized system of investigation, legal medicine and forensic sciences, in the field of criminal justice, the servers or servants of the National Police will have the assigned powers. in this article. Article 450.-Reports or examinations of public and private entities.- In the case of localities where there is no staff of the comprehensive specialized system of research, legal medicine and forensic sciences, with the aim of To ensure the remains, objects and instruments, professionals from health centers, clinics or public hospitals accredited by the Council of the Judicature may intervene at the request of the prosecutor or the prosecutor. In the absence of public health units, the private sector accredited by the Council of the Judicature may be used. These establishments shall draw up the corresponding reports in which the names of the persons responsible for the institutions and the professionals who have carried out the examinations shall be made, the same as they shall be given to the person or to the prosecutor who
CHAPTER FOURTH THE DEFENSE
Article 451.-Public Defender.- The Public Defender will guarantee the full and equal access to the justice of the people, who because of their state of defensiveness or economic condition, social or cultural, they cannot contract the services of a private legal defense, for the protection of their rights. The public defender may not be excused from defending the person, except in the cases provided for in the relevant legal rules. The Public Defender will ensure the
legal assistance of the person from the prior investigation phase until the completion of the process, provided that he does not have one or a private defender. The person shall be instructed on his or her right to choose another public or private defender. The judge or the judge shall, upon request of the person, relieve the public defender or the public defender, where it is manifestly deficient. Article 452.-The need for an advocate.- The defense of any person shall be in charge of one or a lawyer of his choice, without prejudice to his right to the material defense or to the assignment of a public defender. In the case of the absence of the chosen defender and from the first action, one or a previously notified public defender shall be counted. The unjustified absence of the public or private defender or the diligence shall be communicated to the Council of the Judicature for the appropriate sanction.
TITLE IV TEST
CHAPTER FIRST
PROVISIONS GENERALES Article 453.-Purpose.-The of the test is to bring to the judgment or judgment the conviction of the facts and circumstances of the infringement and the responsibility of the person prosecuted. Article 454.-Principles.- The announcement and practice of the test will be governed by the following principles: 1. Opportunity.- It is announced at the evaluation stage
and trial preparatory and is practiced only at the hearing
The elements of conviction must be presented at the stage of evaluation and trial preparation. The investigations and periciones practiced during the investigation will reach the test value, once they are presented, incorporated and valued at the oral hearing of judgment.
However, in the exceptional cases foreseen in this Code, evidence produced in advance can be tested.
2. Mediation.-
Judges and parties
must be present in the practice of the test.
3. Contradiction.- The parties have the right to know
in a timely manner and to dispute the evidence, both those that are produced in the hearing of judgment and the testimonials that are being practiced in advance.
4. Probation.- All facts and
circumstances relevant to the case, may be proved by any means other than the Constitution, international human rights instruments, instruments International instruments ratified by the State and other legal norms.
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5. Relevance.- The evidence must refer, directly or
indirectly to the facts or circumstances relating to the commission of the infringement and its consequences, as well as to the criminal liability of the person prosecuted.
6. Exclusion.- Any proof or element of conviction
obtained in violation of the rights established in the Constitution, in international human rights instruments or in the Law, will lack probative efficacy, be excluded from procedural action.
Those means of proof which refer to the conversations which the prosecutor or the prosecutor has had with the person prosecuted or his defence in the development of pre-agreed demonstrations shall be inadmissible.
Informational parties, crime news, witness accounts, expert reports, and Any other prior declaration may be used in the trial for the sole purpose of remembering and highlighting contradictions, always under the prevention of not replacing the testimony. In no case will they be supported as evidence.
7. Equal opportunities principle for the
test.- The effective material and formal equality of the interveners in the development of procedural action must be guaranteed.
Article 455.-Causal Nexus.- The proof and the evidence elements must have a causal link between the infringement and the person prosecuted, the foundation will have to be based on actual facts introduced or that can be introduced through a means of proof and never, in presumptions. Article 456.-Chain of custody.- The custody chain shall be applied to the physical elements or digital content of the test, in order to guarantee its authenticity, by crediting its original identity and status; the conditions, intervene in the collection, dispatch, management, analysis and conservation of these elements and shall include the changes made in them by each custodian. The chain starts at the place where the test element is obtained, found or collected and ends at the order of the competent authority. They are responsible for their application, the personnel of the comprehensive specialized system of investigation, legal medicine and forensic sciences, the competent personnel in the field of transit and all the public and private servants that have relationship with these elements, including health service personnel who have contact with physical elements that may be of use in the investigation. Article 457.-Assessment criteria.- The assessment of the test shall be made taking into account its legality, authenticity, submission to chain of custody and current degree of scientific and technical acceptance of the principles on which they are based the expert reports. The demonstration of the authenticity of the evidentiary elements and physical evidence not subject to chain of custody, shall be in charge of the party that presents them.
Article 458.-Preservation of the scene of the fact or indicia.- The or the public servant who intervenes or takes contact with the scene of the fact and indicia will be responsible for its preservation, until the presence of the specialized personnel. The same obligation has individuals who, by reason of their work or function, come into contact with indicia related to an allegedly criminal act.
CHAPTER SECOND SPECIAL PERFORMANCES AND TECHNIQUES
RESEARCH Article 459.-Actuations.- Research actions will be subject to the following rules: 1. For the collection of samples, medical examinations or
body, express consent of the person or the authorization of the or the judge, without the person being physically constrained. Exceptionally, in the circumstances of the case, when the person is unable to give his consent, a relative may be granted until the second degree of consanguinity.
2. Due diligence will be recorded in minutes and
expert reports. 3. The investigative measures shall be
recorded in the most appropriate technological and documentary means to preserve the performance of the same and shall form part of the tax file.
4. The record on the tax file must be
sufficient to determine all elements of conviction that may substantiate the formulation of charges or the indictment.
5. In the absence of an accredited public institution
, autopsies, medical examinations, laboratory tests or biological tests may be carried out in an accredited private health institution and the costs will be borne by the Council of Judiciary. They will have an expert value.
Article 460.-Recognition of the place of facts.- La or the prosecutor with the support of the staff of the comprehensive specialized system of research, legal medicine and forensic sciences, or the personnel competent in the field of transit, where relevant to the investigation, shall recognise the place of the facts in accordance with the following provisions: 1. The
integral research, legal medicine and forensic science system or personnel
be able to prevent anyone, even using public force, from entering or withdrawing from the place where they are committed the infringement, for a maximum of eight hours, until the necessary investigative actions are carried out.2. In traffic violations, the proceedings of
recognition of the place of the facts, investigations, eye inspection and expertise
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will be performed by the specialized personnel of the competent body in the field of transit in their respective jurisdiction.
3. The transit agents will take procedure and
will work out the corresponding part. The suspected offenders shall be charged immediately upon orders from the competent authority and the participation of the specialised staff of the competent body in the field of transit shall be required. jurisdiction.
4. The police and other documents relating to the infringement shall be referred to the relevant prosecutor, the parties
within 24 hours.
5. The fixation and collection of the evidence, traces,
vestiges found at the site will enter into chain of custody for the investigation by the prosecutor or the prosecutor, who will have the necessary measures.
6. Vehicles apprehended by traffic accidents,
in which injured or deceased persons are injured, will be transferred to the respective vehicle retention yards until their expert recognition.
7. The due diligence of the
vehicles ordered by the prosecutor or the prosecutor will be practiced within the period of seventy-two hours, counted since the prosecutor receives the corresponding police. After the expert recognition, the vehicle will be delivered to its owner, holder or legally appropriate.
8. Place recognition steps
will take place in digital territory, digital services, media or technology equipment.
Article 461.-Actuations in the event of death.- When the news of the event is the existence of a human body or remains, the prosecutor or the prosecutor will have: 1. Identification and lifting of the body. 2. The exterior recognition that encompasses the orientation,
position, record of clothing and description of injuries.
3. The autopsy report will contain
detailed state of the body, the time since the death, the likely element used, the manner and probable causes of death. The experts will take the corresponding samples, which will be preserved.
4. In the event of a violent death, while the
investigative measures, the prosecutor or the prosecutor is deemed necessary, will ask the competent health authority not to grant prior permission for cremation.
Article 462.-Exhumation.- If the exhumation of a corpse or its remains is necessary, the following rules will be followed:
1. The prosecutor, the public or private defender or the victim may request the execution of an exhumation within the investigation of an alleged criminal offence to the competent judge, who may authorize his practice, for which the prosecutor will designate the medical experts who will intervene.
2. The judicial authorization will proceed only if by the
nature and circumstances of the infraction, the exhumation is indispensable for the investigation of a suspected criminal offence.
3. The staff of the comprehensive specialized system of
research, legal medicine and forensic sciences, should review and establish the conditions of the exact site where the body or its remains are located.
4. The shipment and exhumation must respect the chain of
custody. Article 463.-Obtaining samples.- For the collection of samples of body fluids, organic and genetic-molecular components, the following rules shall be followed: 1. No biological testing may be performed,
extractions of blood, objects located in the body or other analogous, if it is feared to impair the health and dignity of the person under examination.
2. When the examination is to be carried out on victims of
infringement against sexual integrity or in a child, child or adolescent, the necessary measures shall be taken according to their age and gender in order to protect their dignity and physical integrity and
The exams will be practiced with strict conditions of confidentiality and respect for privacy. Unless it is imperative, the person will be prohibited from further examination or legal medical recognition.
Health professionals who perform these tests will be required to keep the test elements found in security conditions, which will be immediately delivered to the staff of the comprehensive specialized research, legal medicine and forensic sciences system, and will be required to testify in advance or be able to be received by video conferences in accordance with the rules of this Code. Article 464.-Ing of alcohol and scheduled substances subject to audit.- In transit, the following rules shall be followed: 1. Maximum levels of alcohol concentration in the
blood, tolerable for driving of automotive vehicles, are determined in this Code.
2. When there are elements that reveal the need for
to practice the driver of a vehicle an analysis of alcohol intake or intoxication for having ingested scheduled substances subject to audit, the transit agent will perform the Alcohotest or narco-test or failing it will lead you to an accredited institution
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for the practice of the corresponding examinations within twenty-four subsequent hours. The test results will serve as elements of conviction.
3. To perform the alcohotest exams, the transit agents
will carry a detector or any other measuring metering apparatus.
4. If the physical conditions of the person driving
make it impossible to carry out the above tests, the agent will request the transfer of the injured or injured to an accredited health establishment, in which the appropriate examinations will be carried out.
5. If the driver or driver refuses to be
, he/she will be presumed to be in the highest degree of drunkenness or intoxication due to alcohol or scheduled substances subject to audit. Similarly, the psychosomatic tests performed by the transit agents in the field, registered by means of audiovisual media, will be valid.
Article 465.-Medical and body examinations.- examinations may be carried out or body of the person processed or the victim in case of need to verify circumstances relevant to the investigation, in accordance with the following rules: 1. In cases of crimes against sexual integrity and
reproductive, human trafficking and violence against women or members of the family core, when a person brings to the knowledge that he has been the victim of such a crime. criminal offences and there is a danger of destruction of traces or traces of any nature on his or her person, the accredited public or private health centres to which he or she is due, must practice, prior written consent of the victim or their representative, the relevant examinations, medical examinations and biological tests.
2. The examinations will be carried out, a record will be lifted in
duplicate of the same, the one that will be subscribed by the head of the establishment or the respective section and by the professionals who have practiced it.
3. A copy will be given to the person who has been
subject to the recognition or who has it under his care and the other copy, as well as the samples obtained and the results of the tests performed, will be submitted within the following Twenty-four hours to the staff of the comprehensive specialized system of research, legal medicine and forensic sciences, who will immediately inform the prosecutor or the prosecutor, or the judge.
4. If it is body exams, the woman to whom
should be able to practice them may require the attention of their same sex.
5. A psychological assessment may be requested in cases
of sexual violence, against women or members of the family nucleus or other crimes, especially when
the victim is a child, child, adolescent, older adult or pregnant woman. These will be carried out in specialized centers accredited in this topic.
Article 466.-Personal identification.- When it is not possible to identify by other means a person under investigation and it is necessary to identify of the victim or a third party, the following rules shall be made: 1. The tax or the prosecutor shall direct the recognition. 2. The person to be identified will have the right to have
one or a public or private defender. 3. The person to be identified will be set to a minimum
of ten people with similar characteristics. 4. The victim or the person who meets the recognition
must remain in a separate place before and after this diligence. You will not be able to witness the formation or break of the row that is recognized.
5. No person will be able to see the investigated in
any circumstance that allows the person to identify it. 6. If multiple people are required to perform this
diligence, they will not be able to see the investigated who are in the row and will perform the recognition one by one.
7. The prosecutor in charge of the recognition in the row,
as well as the agent responsible for escorting each one of the persons who must perform it, must not know who the investigation is or will be able to communicate to the other persons who must comply.
8. The diligence will use adequate technical means
to avoid the exposure of the victim with the or the investigated.
9. If possible, all acknowledgments will be done to
through the Gesell chamber, subject to due process.
10. If the identification is done by means of photographs or
videos, they will be presented and incorporated into the judging hearing.
Article 467.-Recognition of objects.- The objects that serve as elements of conviction shall be be recognised and described. The recognition, upon subscription of the respective act, shall be given to its owners, holders or to whom it legally corresponds, provided that it is refiled when the prosecutor or the judge or the judge orders it, Personal award warning, in case of failure to do so. In the cases of objects stolen or claimed that are recovered at the time of the arrest in flagrant crimes, their recognition and surrender will be carried out to the owners, owners or to whom legally corresponds in the same hearing of formulation of charges, upon subscription of the respective minutes.
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No new recognition will be required if the objects have been described in the expert report initially requested by the or the tax, at the place of the facts. Article 468.-Reconstruction of the fact.- The tax or the prosecutor, when deemed necessary, shall practice with the personnel of the comprehensive specialized system of investigation, legal medicine and forensic sciences, or the competent personnel in matters of transit, the reconstruction of the event, in order to verify whether the infringement was executed or could be executed in a certain way, considering the elements of conviction that exist in the process. In this reconstruction process, the victim or witnesses, if they voluntarily participate, will report the facts in the place where they occurred, having in view, if possible, the objects related to the infraction. Article 469.-Machinery and vehicles.- To collect material items and physical evidence that are in large objects such as ships, aircraft, automotive, machinery, containers, cranes and other similar items, the experts must practice the expertise within the time limit indicated by the prosecutor or the prosecutor; after which the prosecutor will order the delivery to the owners or the legitimate owners, except those susceptible to comiso or destruction. The elements of conviction or physical evidence obtained shall be packed and shall be kept in the custody of the respective body. Article 470.-Personal communications.- They may not record or register by any means any personal communications of third parties without them having known and authorized such recording or registration, except for the cases expressly mentioned in the law. The information obtained illegally lacks any legal value. The risks, damages and damages that it generates for the people involved, will be imputable to those who forced the disclosure of the information, being obliged to carry out the integral repair of the damages. Article 471.-Records related to a fact constituting an infringement.- No judicial authorization is required for audio recordings, video images or photography related to an infringement, recorded in a manner spontaneous, at the time of its execution, by the means of social communication, by surveillance or security cameras, by any technological means, by private persons in public places and in free movement or in the cases in which they are disclosed audio or video recordings obtained by one of the interveners, in which case the preserving the integrality of the data record so that the recording has evidentiary value. In these cases, the recordings will immediately be placed at the orders of the or the prosecutor in original support and will serve to incorporate the investigation and introduce them to the process and if necessary, the or the prosecutor will have the transcript of the part
Article 472.-Restricted circulation information.-
may not freely circulate the following information: 1. Aquella that is expressly protected with a
clause reserve previously established in the law. 2. Information about personal data and
that comes from personal communications whose dissemination has not been expressly authorized by its holder, by law or by the judge or by the judge.
3. The information produced by the prosecutor in the framework
of a previous investigation and that originated in the court order related to the special investigation techniques.
4. Information about girls, boys and adolescents
that violates their rights as established in the Organic Code of Childhood and Adolescence and the Constitution.
5. The information qualified by the agencies that
make up the national intelligence system. Article 473.-Alteration, disposition or destruction of goods or substances.- If to practice the expertise it is necessary to alter or destroy the good or substance to be recognized, the prosecutor or the prosecutor will have to reserve a part to be kept in your custody. In the case of hydrocarbons and their derivatives, or the prosecutor after the respective recognition, they shall request the judge to order the delivery of these substances to the state entity in charge of the exploitation of hydrocarbons, with samples being kept remain in chain of custody. In the case of explosives or other dangerous substances, destruction or delivery shall be made to entities which may reuse them. Article 474.-Analysis and destruction of scheduled substances subject to audit.- The scheduled substances subject to the audit will be submitted to the chemical analysis, for which the effect will be taken, that the Police National shall deliver to the experts appointed by the prosecutor or the prosecutor, who shall submit their report within the specified time limit. The gross and net weight of the substances must be determined in the report. The witness samples will be left under chain of custody until they are presented in trial. The following rules shall be followed in the expert and destruction proceedings: 1. Where the scheduled substances subject to
audit are impregnated, diluted or contained in goods or objects, the experts shall determine the quantity of these substances if possible, by qualitative and quantitative analysis.
2. Performed the chemical analysis and the determination of the
weight, the substances will be delivered in deposit to the competent body in matter of scheduled substances subject to audit, with their respective report, keeping the chain of custody.
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3. Within 15 days of the beginning of the
instruction, the judge or the judge shall arrange for the destruction of the scheduled substances subject to inspection and which are in storage, except in the case of: for inputs, chemical precursors or other specific chemicals, in which case the competent body for scheduled substances subject to audit, may, within 60 days after receipt, be provided with use or donation to a public sector entity, its disposal for lawful purposes or its destruction. The donation or disposal shall be carried out in the form determined by this body and in favor of the natural or legal persons, previously qualified.
4. For the destruction the integrity of the
envelope or the well containing the substance and the identity of the substances shall be verified, the gross weight and the net weight shall be checked, verifying whether it corresponds to the one in the research report. The judge, the respective judicial officer and the depositary will intervene in this diligence.
5. When the investigation has taken place
scheduled substances subject to supervision and the liability of any person in the commission of the crimes for the illicit production or trafficking of these substances cannot be established, performed the chemical analysis, determined the gross and net weight, after court order, the personnel of the integral specialized system of investigation, of legal medicine and forensic sciences, will have to refer those substances for deposit to the agency competent for scheduled substances subject to audit
6. The judge must order the destruction of those
substances, within 15 days after the investigation has begun, in compliance with the formalities established in this Code and, as for the other goods, they will be delivered in deposit to the competent body for scheduled substances subject to audit in case of being seized.
SECTION FIRST Special Investigation Actions
Article 475.-Retention of correspondence.- The retention, opening and examination of correspondence and other documents shall be governed by the following provisions: 1. Physical correspondence, electronic or any other
type or form of communication, is inviolable, except for cases expressly authorized in the Constitution and in this Code.
2. The or the judge may authorize the prosecutor, prior
reasoned request, to withhold, open and examine the correspondence, when there is sufficient evidence to presume that the same has some useful information for the investigation.
3. To proceed to the opening and examination of the
correspondence and other documents that may relate to the facts and circumstances of the
infringement and its participants, the interested party and its concurrency will be notified in advance. or no, the correspondence or document shall be read in a reserved form, informing the victim and the defendant or his public or private defender. In the absence of the procedural subjects the diligence will be made before two witnesses. All interveners will be sworn to save.
4. If the correspondence or other documents are
related to the breach being investigated, they will be added to the tax file after the initialling; otherwise, they will be returned to the place where they are taken or the data subject.
5. If this is a key write or another language,
immediately decryption by cryptography or translation will be ordered.
Article 476.-Interceptation of communications or computer data.- The or The court shall order the interception of the communications or computer data on the basis of the substantiated application of the tax or the prosecutor where there are indications that are relevant for the purposes of the investigation, in accordance with the following rules: 1. The or the judge will determine the communication
intercepted and the interception time, which may not be greater than a period of ninety days. After the authorized time, it will be possible to request for a single time an extension for a period of ninety days.
When investigations of organized crime and their related crimes, the interception will be possible to be held for up to six months. After the authorised time, it may be possible to request a single extension for a period of six months.
2. The information related to the violation that is
obtained from the communications that are intercepted during the investigation will be used in the process for which it is authorized and with the obligation to keep secret of the cases not to the fact that it motivates your exam.
3. Where, in the course of an interception,
is aware of the action of another offence, it shall immediately be communicated to the prosecutor or prosecutor for the initiation of the investigation concerned. In the case of flagrant crimes, it will proceed as set out in this Code.
4. Upon authorization of the judge, the prosecutor,
the prosecutor,will conduct the interception and registration of the computer data in transmission through the telecommunications services such as: fixed telephony, satellite, mobile and wireless, with its voice call services, SMS messages, MMS messages, data transmission and voice over IP, e-mail, social networks, video conferencing, multimedia, among others, when the prosecutor considers it indispensable to check the the existence of an infringement or the liability of the unit-holders.
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5. The interception of any
communication protected by the right to preserve professional and religious secrecy is prohibited. The procedural actions that violate this guarantee lack evidential effectiveness, without prejudice to the respective sanctions.
6. Only the
transcript of those conversations or part of them that are deemed useful or relevant to the purposes of the investigation will be entered in a textual manner. However, the person who is processed may request the hearing of all his recordings, when deemed appropriate for his or her defense.
7. The staff of the service providers of
telecommunications, as well as the persons responsible for intercepting, recording and transcribing the communications or computer data shall have the obligation to reserve their contents, except when you call them to testify in judgment.
8. The storage medium of the information
obtained during the interception must be retained by the prosecutor or the prosecutor in a specialized collection center for the purpose, until it is presented in judgment.
9. The interception, recording and
transcription of communications that violate the rights of children and adolescents, especially in those cases that lead to the revictimization of violence against the child, are prohibited. women or members of the family, sexual, physical, psychological and other.
Article 477.-Recognition of recordings.- The or the judge shall authorize the prosecutor or the prosecutor to acknowledge the recordings mentioned in the previous article, as well as videos, computer data, photographs, discs or other similar media or digital. For this purpose, with the intervention of two experts sworn to reserve, the or the prosecutor, in private audience, will proceed to the exhibition of the film or to listen to the record or the recording and to examine the contents of the computer records. The parties may take the same oath. The prosecutor may order the identification of recorded voices, by persons who claim to be able to recognize them, without prejudice to ordering the recognition by technical means.
SECTION SECOND Registers and Raiding
Article 478.-Records.- Records will be performed according to the following rules: 1. Person or object records and seizure of
items related to an infringement that are in housing or other places, shall require the authorisation of the person concerned or of a court order. In the latter case, it must be motivated and limited only to what is stated in a taxative manner in the same and performed at the authorized place.
2. The consent freely granted by the person required to register a given space, will allow the registration and seizure of the elements related to an infringement. Only capable and elderly people will be able to provide consent. The person under investigation shall be informed of their right not to permit registration without judicial authorization.
3. The servers of the public force, without the medie
judicial order, as a preventive or investigative activity, will be able to carry out the control of identity and superficial registration of people with strict observance as to gender and respect for constitutional guarantees, where there is a substantiated reason that the person hiding in his or her clothes any type of weapon that could endanger the safety of the persons or the presumption that it was committed or attempted to commit a criminal offence or provide evidence or evidence useful for the investigation of an infringement.
Article 479.-Vehicle registration.- A vehicle may be registered without a judicial authorization, in the following cases: 1. In border areas or where the customs office exercises control.
In no case shall the registration must interfere with the privacy of the passengers.
2. In police and military routine controls. In no
case the record should interfere with the privacy of the passengers.
3. In case there are substantiated reasons or
assumptions about the existence of weapons or the existence of elements of conviction in criminal offences.
4. If the driver does not justify legally and legally
the permits for circulation, registration or provenance of the merchandise.
5. For the fact that a violation was committed
flagrant. The official who has distorted the commission of a flagrant offence to register a vehicle will be removed from his position, without prejudice to civil or criminal actions to which it takes place.
Only in the cases of the second, third and fourth The numerals of this article will be able to make a superficial record on the people, with strict observance in terms of gender, age or groups of priority attention and respect of the constitutional guarantees. Article 480.-Break-in.- The address or place where the person develops his or her family, business or work activity may be raided in the following cases: 1. When it comes to stopping a person against whom
The law of the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice
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2. When the National Police are in pursuit
uninterrupted of a person who has committed a flagrant offence.
3. When it comes to preventing the consummation of an
infringement that is being made or to help its victims.
4. When it comes to sorunning to the victims of an
accident that could be life threatening people.
5. In the case of collecting the subtracted or
claimed or objects that constitute evidence or are linked to the fact that is being investigated. In these cases the apprehension of the goods will proceed.
6. In cases of violence against women or members
of the family nucleus, when the victim must be recovered, assaulted, or her relatives; when the aggressor or the aggressor is armed or under the influence of alcohol, cataloged subject to audit or is assaulting your partner or putting at risk the physical, psychological or sexual integrity of any member of the victim's family.
7. When dealing with emergency situations, such
as: fire, explosion, flood, or other class of damage that endanger life or property.
In the cases of numerals 1 and 5, a reasoned order of the or the judging and in other cases it will not require any formality. In order to prevent the escape of persons or the extraction of weapons, instruments, objects or evidence and while the search is ordered, the prosecutor or the prosecutor may be able to arrange for the surveillance of the place, the retention of the things and to request the judge or the judge the arrest warrant for investigative purposes for the persons in the order. Article 481.-Order of trespass.- The search warrant must be entered in writing and indicate the reasons for the registration, the proceedings to be carried out, the specific address or location of the place or places where the search is carried out. search and their date of issue. In cases of urgency, the prosecutor or the prosecutor may request the order verbally or by any appropriate means, stating the reasons that determine the search. If the exact description of the place or places to be registered is not possible, the prosecutor or the prosecutor shall indicate the arguments so that, in spite of this, the operation must be carried out. In no circumstances may arbitrary search and search warrants be issued. The judge may authorize the raid by any means, without stating that act. Article 482.-Raid procedure.- The raid must be performed in accordance with the following rules:
1. With the presence of the prosecutor accompanied by the National Police, without the possibility of entering persons not authorized by the prosecutor or the prosecutor to the place to be raided.
2. If the search warrant is filed, the or the
owner or inhabitant of the dwelling, place of work or local, resists the delivery of the person or of the things or the entrance or display of places or objects that are within the interior. of such places, he or the prosecutor will order the breaking of the doors or locks.
3. The search, the prosecutor or the prosecutor will recognize in
the presence of the concurrent the premises of the local raided, the weapons, documents or objects concerning the infraction. The personnel of the comprehensive specialized system of research, legal medicine and forensic sciences, will collect the relevant elements of conviction, previous inventory, detailed description and packaging for chain of custody.
4. In order to search for a diplomatic or consular mission or the
residence of the members of the respective missions, the judge or the judge will make a copy of the process to the entity in charge of the foreign relations policies, requesting the practice of diligence. In the event of refusal of the diplomatic or consular agent, the raid cannot be carried out. In any case, the provisions of the international conventions in force in the Republic of Ecuador on the matter will be accepted.
5. In order to stop the persons who have been
tofleeing in a ship or foreign aircraft in Ecuador, the claim for delivery will be made, according to the provisions of the previous number, including in the case of refusal or silence of the commander of the aircraft or aircraft.
SECTION THIRD Special Techniques of Investigation
Article 483.-Covered Operations.- In the course of investigations, exceptionally, under the address of the specialized unit of the Prosecutor's Office, it will be possible to plan and execute with the Personal research, legal medicine and forensic sciences personnel, a covert operation, and authorizing agents to engage or enter criminal organizations or groups by hiding their identity In order to identify the participants, gather and collect information, elements of conviction and useful evidence for the purposes of the research. The undercover officer shall be exempt from criminal or civil liability for offences in which he is liable or who has not been able to prevent, provided that they are a necessary consequence of the conduct of the investigation and are proportionate to the proportionality. with the purpose of the same, the contrary case shall be sanctioned in accordance with the relevant legal rules.
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Article 484.-Rules.- The covert operations must observe the following rules: 1. The covert operation will be directed by the unit
specialized in the Prosecutor's Office. It may be requested by the personnel of the comprehensive specialized system of investigation, legal medicine and forensic sciences, giving the necessary background to the prosecutor or the prosecutor.
2. The authorization of the or the prosecutor must be
grounded and will respond to the principle of necessity for the investigation, must be imposed limitations of time and controls that are useful for an adequate respect to the rights of the persons investigated or processed.
3. In no case will the undercover agent be allowed,
to push crimes that are not of prior initiative of those investigated.
4. The identity granted to the undercover agent will be
maintained during the version that is present in the process. The authorisation to use the identity may not be extended for a period of more than two years, which may be extended for two years plus due justification.
5. If necessary in the particular case investigated, all
undercover agent will have the same protections as witnesses.
6. The undercover agent versions will serve as
elements of conviction within the investigation. 7. In case of any proceedings that require
judicial authorization, the Prosecutor or the Prosecutor will request the competent judge by any means, keeping the due reservation.
8. Conviction elements obtained by unauthorized undercover
agents are worthless. Article 485.-Controlled or controlled deliveries.- For the purpose of identifying and individualizing persons involved in the execution of illicit activities, knowing their plans, preventing illicit use or preventing and checking crimes, or the prosecutor of the specialized unit of the Office of the Prosecutor's Office may authorize and permit the illegal or suspicious remittances or shipments of the instruments that serve or may serve for the commission of crimes, the effects and the products of activities illicit and scheduled substances subject to audit; or instruments, objects, species or substances for which they have been completely or partially replaced, leave or enter the national territory and within the territory are moved, kept, intercepted or circulated under the supervision or control of the competent authority. Article 486.-Procedure for supervised delivery.- In the course of investigations of organized crime activities and as long as there are antecedents or elements that are being prepared or executed
constitutive activities of crimes, or the prosecutor of the specialized unit of the Prosecutor's Office, may plan and arrange for the execution of supervised or controlled deliveries. This research technique will be used when it is considered in a grounded manner that facilitates the individualization of other participants, either in the country or abroad. If in the development of the supervised or controlled delivery, risks occur for the life or integrity of the servers, undercover agents or informants involved in the operation or for the collection of important antecedents or for the the members ' assurance, the tax or the prosecutor may have at any time the suspension of this technique and if it is appropriate the members shall be apprehended and the substances and other instruments relating to the infringement shall be retained. Without prejudice to the above, in the cases of danger indicated above, the servers responsible for the supervised or controlled delivery are empowered to apply the rules on the arrest in flagrant cases. The crime is still under investigation by means of supervised or controlled delivery, even if the species or substances are replaced or public servants, undercover agents or informants have participated. Article 487.-Protection of the operation.- All actions related to covert operations, supervised or controlled deliveries must be kept secret and kept out of court proceedings. The tax authority or the public prosecutor shall take all necessary measures to monitor the instruments, species or substances identified above and to protect the persons involved in the operations. On the international level, covert operations, supervised or controlled delivery will be in line with the international instruments in force. Article 488.-Issuance of evidence.- Without prejudice to the development of joint investigations and mutual judicial assistance, the prosecutor or the prosecutor shall directly request the foreign police and judicial authorities, the referral of the evidence necessary to prove the fact that the infringement and the alleged criminal liability of the persons under investigation in the country have been committed, in accordance with the international instruments in force, as well as to grant such foreign authorities such a background, if they so request. Article 489.-Undercover Agent Processed.- When the undercover agent or agent is involved in a process resulting from his or her actions in the investigation, the head of the specialized unit of the Prosecutor's Office will communicate his or her character to the competent court or judgment, by providing the relevant information in a reserved form. Article 490.-Principle of judicial reservation.- The competent judge, at the request of the prosecutor and taking into consideration the rights of the participants.
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in the development of the investigation, you may provide that the investigation techniques will be kept in reserve during the periods determined in this Code. Article 491.-Effective cooperation.- cooperation shall be understood as the agreement on the supply of precise, verifiable and verifiable data, instruments, effects, goods or information, which will necessarily contribute to the clarification of the the facts under investigation or permit the identification of those responsible or serve to prevent, neutralize or prevent the perpetration or consummation of other crimes of equal or greater gravity. Article 492.-Processing of effective cooperation.- The tax or prosecutor shall express in its indictment whether the cooperation provided by the prosecution has been effective for the purposes mentioned in the previous article. The reduction of the penalty will be determined after the individualization of the penal sanction according to the extenuating circumstances or general aggravating circumstances that are concurred according to the general rules. The penalty may not exceed the terms of the agreement. Article 493.-Grant of benefits of effective cooperation.- The or the prosecutor shall propose to the or the judge a penalty of not less than twenty percent of the minimum of the set for the infraction in which the cooperator is involved. In cases of high social relevance and when the testimony allows the members of the leadership of the criminal organization to be prosecuted, the prosecutor or the prosecutor will request the judge or the judge, a sentence of not less than ten percent of the minimum penalty set for the infringement against the processed person who collaborated effectively. The granting of this benefit shall be conditional upon fulfilment of the obligations laid down in the cooperation agreement according to the nature and modalities of the punishable act, the circumstances in which it is committed and the extent of the cooperation provided as well as in accordance with the personal conditions of the beneficiary. Article 494.-Precautionary and protective measures in effective cooperation.- If necessary, the prosecutor or the prosecutor shall request the establishment of protective and protective measures, appropriate to ensure the success of the investigations and to protect the integrity of the processed person who collaborates effectively, the victim, his family, witnesses and other participants, at any stage of the process. All actions relating to effective cooperation must be kept secret and kept out of court proceedings. The competent authorities, in accordance with the case, after the completion of the process, may take the necessary protective measures for the purpose of carrying out the penalty of the cooperator, depending on the degree of risk or danger, and may be extended whenever maintain personal and family danger circumstances.
Article 495.-Informant.- It is considered to be an informant to any person who provides to the prosecutor or the personnel of the comprehensive specialized system of investigation, legal medicine and forensic sciences, background on the preparation or commission of an infringement or who have participated in it. On the basis of the information provided, investigative and procedural measures may be available for confirmation, but they shall not have any evidentiary value, nor may they be considered as sufficient grounds for the detention of persons. Article 496.-Joint Investigations.- The Republic of Ecuador under international criminal assistance rules may develop joint investigations with one or more countries or joint research bodies to combat the transnational organised crime. Article 497.-Mutual judicial assistance.- Las or prosecutors will be able to request direct assistance from their counterparts or foreign police agencies for the practice of procedural steps, prosecution and investigation of the crimes foreseen in the This Code. This assistance refers to other facts, to the arrest and referral of defendants and defendants, to the reception of testimonies, the display of documents including banking, site inspections, the sending of evidence, identification and analysis. of scheduled substances subject to supervision and seizure and comiso of goods. In addition, the prosecutor or the prosecutor may carry out actions abroad aimed at collecting antecedents about facts constituting some infringement, through international criminal assistance. The above measures will be incorporated into the process, presented and valued at the trial stage.
CHAPTER THIRD TEST MEDIA
Article 498.-Test media.- The means of testing are: 1. Document 2. testimony 3. The expertise
SECTION FIRST The document
Article 499.-General rules.- The documentary evidence shall be governed by the following rules: 1. The person processed to recognize
documents and the signature shall not be required constant in them, but their voluntary recognition will be accepted.
2. The or the public or private prosecutor or the public defender,
may require reports on records, files, including computer records, that will be valued at trial.
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3. No other use will be made of the correspondence and
other documents added to the process as necessary to clarify the facts and circumstances of the trial and its possible perpetrators.
4. If the documents are part of another process or
record, or if they rest in a public file, a certified copy of them will be obtained and not added as originals, but when it is indispensable for the record of the event. In the latter case, the copy will remain in that file, process or record and satisfied the need will be returned the originals, leaving the copy certified in the process.
5.
none of the data that the documents provide if they deal with issues that have no relation to the process can be used for procedural or non-procedural use.
6. All content
digital in accordance with the rules of this Code may be permitted as a means of testing. Article 500.-Digital content.- Digital content is any computer act that represents facts, information or concepts of reality, stored, processed or transmitted by any technological means that is being treated software, including programmes designed for an isolated, interconnected or related technology team. The investigation will follow the following rules: 1. The analysis, assessment, recovery and presentation of the
digital content stored in devices or computer systems will be performed through digital forensic techniques.
2. When the digital content is stored
in volatile systems and memories or technological equipment that are part of the critical infrastructure of the public or private sector, it will be collected, in the place and in real time, with digital forensic techniques to preserve their integrity, the chain of custody will be applied and their subsequent assessment and analysis of content will be facilitated.
3. When the digital content is stored
in non-volatile media, its collection will be performed, with digital forensic techniques to preserve its integrity, the chain of custody will be applied and its subsequent assessment will be facilitated. content analysis.
4. When collecting any physical means that
stores, processes, or transmits digital content during an investigation, search, or search, each object must be identified and inventoried, set its physical location with photographs and a plane of the place, will be protected through forensic digital techniques and will be transferred by chain of custody to a specialized collection center for this effect.
SECTION SECOND The testimony
Article 501.-Testimony.- The testimony is the means through which the declaration of the the person prosecuted, the victim and other persons who have witnessed the fact or know about the circumstances of the criminal offence. Article 502.-General Rules.- The proof and elements of conviction, obtained by declaration, shall be governed by the following rules: 1. The testimony shall be valued in the context of the entire
surrender statement and in relation to the other evidence that is presented.
2. The judge will be able to receive as early evidence
the testimonies of the seriously ill people, the physically disabled, those who are going to leave the country, the victims or protected witnesses, informants, agents and all those who show that they cannot appear for the hearing. In the case of a failed hearing, and in which it is demonstrated that witnesses are unable to appear in a new statement, the court may be able to receive the advance testimony under the principles of inmediation and contradiction.
3. If the person resides abroad, they will proceed
in accordance with international or national rules for assistance and judicial cooperation. If possible, telematics communication will be established.
4. No one can be called to testify in criminal proceedings
against his spouse, partner or relatives up to the fourth degree of consanguinity or second degree of affinity, except in the case of violence against women or members of the family, sexual and family gender. The voluntary declarations of the victims of an infringement or of their relatives shall be admissible regardless of the degree of parentage.
5. The girls, boys and teenagers will declare without
oath, but with the presence of their representatives or a curator to be appointed and possesionated at the same hearing.
6. The or the judge will appoint and post in the same
act to a translator, when the declarant does not know the Spanish language.
7. If the person who declares is deaf, he or the
judge will receive written testimony; if he does not know how to write, with the help of an interpreter or, in the absence of an interpreter, a person used to understand the declarant, who will be possesionated in the same act.
8. The testimonies may not be interrupted unless
there is an objection on the part of the procedural subjects. 9. Persons who are called to testify and who are
are at risk will be entitled to the safeguard provided by the or the prosecutor through the national protection and assistance system of
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victims, witnesses and other participants in the process, or provision to the National Police, in order to ensure their personal integrity, their testimony and appearance to the trial hearing, in which they can testify through technological or characterization means to ensure their integrity.
10. The testimony will be practiced at the trial hearing, either
via video conference, except for the advance testimony.
11. The public servants who enjoy the jurisdiction of
National Court, will be able to testify by sworn report.
12. Those who testify must report on their
names, names, age, nationality, domicile or residence, marital status, trade or profession, except for the protected witness, informant, undercover agent or person whose integrity is at risk. They shall remain in an isolated place, individually and separately, so that they cannot hear their statements mutually.
13. At the moment of testimony, it will be given
an oath in all that it knows and is asked. You will be warned about the penalties for which perjury will be sanctioned.
14. Procedural subjects will be able to ask questions or
object to them, and the judge or judge must resolve the objection so that the person answers or refrains from doing so.
15. Self-incriminating questions cannot be formulated,
misleading, captious or impertinent. 16. No suggestive questions may be asked in the
interrogation, except in the case of an introductory question or recapitulating information already delivered by the same declarant.
17. Suggestive questions may be asked during the counter
test. Article 503.-Third-party testimony.- Third-party testimony shall be governed by the following rules: 1. Third parties who are not subject to or parts of the process,
who are aware of an infringement, shall be required to appear personally to to give his testimony. The public force may be used for the appearance of the witness who does not comply with this obligation.
2. The statements of the persons
shall not be received from a secret by reason of their profession, trade or function, if they deal with the matter of secrecy. If they have been summoned, they must appear to explain why the obligation arises and refrain from declaring but only in respect of the secret or source reservation.
3. The witnesses or experts will restate how many times the judge or the judge orders him in the hearing of the trial.
4. When there are more than twenty witnesses and experts, the one or the
judging with the procedural subjects will determine how many and who will appear per day.
5. When there are multiple testimonies or experts in the
same cause, the testimonials will be received separately, preventing them from communicating with each other, for which they will remain in an isolated place.
Article 504.-Version or testimony of Girls, boys or adolescents, persons with disabilities and older adults.- Girls, children or adolescents, persons with disabilities and older adults, will be entitled to have their appearance before the judge or prosecutor, be appropriate to their situation and evolutionary development. Technical elements such as closed television, video-conferencing or similar circuits shall be used for the fulfilment of this right. The recording of the statement at the trial hearing will be incorporated as evidence. Article 505.-Testimony of experts.- The experts will support the results of their expert opinions orally and will respond to the questioning and the cross-examination of the procedural subjects. Article 506.-Detention of witnesses by false testimony and perjury.- The or the judge shall order the arrest of a witness for false testimony or perjury and shall refer the relevant to the or the prosecutor for investigation.
PARAGRAPH FIRST Testimony of the person processed
Article 507.-Rules.- The person processed may be able to testify at the hearing of judgment, in accordance with the following rules: 1. The testimony of the person processed is a means of
defense. 2. The person prosecuted may not be required to render
testimony, nor shall it be exercised against him or her against coercion or threat, nor any means to force him or to induce him to testify against his will.
3. If he decides to give the testimony, in no case will he be
required to be sworn or promised to tell the truth, and the procedural subjects may question him.
4. The person prosecuted will have the right to have a
or a public or private defender and to be advised before they testify.
5. The person prosecuted must be instructed by the or the
judge on their rights. 6. Non-compliance with the rules set out in
numerals 2 and 3 shall be void of the act, without prejudice to the appropriate disciplinary responsibility.
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Article 508.-Version of the person under investigation or prosecution.- The person under investigation or prosecution must render their version of the facts, prior to communication of their right to remain silent, in accordance with the following rules: 1. In no case shall he be required, by coercion or
physical, moral or any other threat, to declare on matters that may cause him criminal responsibility or to induce him to render against his will or be made to him offers or promises to get your confession.
2. The person under investigation or prosecution will be entitled to
to have one or a public or private defender and to be advised before and during their version.
3. The or the prosecutor will be able to have the version expanded,
whenever you consider it necessary. Article 509.-Non-Release of Test Practice.- If the person under investigation or prosecution, when rendering his or her version or testimony, declares the infringement, the person or the prosecutor shall not be released from practice of the procedural acts of proof
PARAGRAPH SECOND Testimony of the victim
Article 510.-Rules for the testimony of the victim.- The receipt of the testimony of the victim. victim must follow the following rules: 1. The victim may request the victim or the
judge to give his testimony by avoiding the visual confrontation with the person processed, through video conference, Gesell's camera or other appropriate means for the person. effect, without preventing the right to the defence and in particular, to counter-interrogate.
2. The or the judge must make sure the identity of
the person who gives the testimony through this means.
3. The judgment or judgment shall provide, at the request of the prosecutor,
of the public or private defender or of the victim, special measures aimed at facilitating the testimony of the victim and in particular of girls, children, adolescents, elderly or victims of crimes against sexual or reproductive integrity, human trafficking, violence against women, or members of the family core.
4. The judge, will take the necessary steps to
avoid any harassment or intimidation of the victim, especially in cases of crimes against sexual or reproductive integrity, human trafficking, sexual violence, the woman or members of the family core.
5. Whenever the victim requests it or when the
considers it convenient and the victim accepts it, the testimony will be received with the accompaniment of personnel trained in crisis victims,
such as psychologists, social workers, psychiatrists or therapists, among others. This rule will apply especially in cases where the victim is a child, child, teenager, older adult, or person with disabilities.
THIRD PARAGRAPH Expertise
Article 511.-General Rules.- experts must: 1. Be professional experts in the field, specialists
graduates or with knowledge, experience or expertise in the field and specialty, accredited by the Council of the Judicature.
2. Perform its function in a mandatory manner, for the
which the or the expert will be designated and notified with the charge.
3. The designated person must be excused if found in
any of the causals established in this Code for the judges.
4. The experts or experts will not be able to be challenged, however
the report will have no value if the expert who presents it, has reason for an inability or excuse, duly proven.
5. Present within the stated time frame their reports,
clarify or extend them at the request of the procedural subjects.
6. The expert report shall contain at least the
place and date of completion of the survey, identification of the expert, description and status of the person or object examined, the technique used, the scientific basis, illustrations charts when applicable, conclusions and signature.
7. Appear to the trial hearing and support
oral manner of their reports and answer the interrogations of the parties, for which they may use any means.
8. The Council of Judicature will organize the system
expert at national level, the amount charged by these judicial or procedural steps, may be cancelled by the Council of the Judiciary.
If there is no accredited person As a expert in certain areas, you will have to know who has knowledge, specialty, expertise or title that accredits your ability to develop the expertise. For cases of professional malpractice, the prosecutor or the prosecutor will request a third of professionals with the specialty corresponding to the governing body of the matter. When international experts are involved in the investigation, their reports may be incorporated as evidence, through advance testimony or may
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being receptive by video conferencing according to the rules of this Code.
CHAPTER FOURTH RULES FOR INVESTIGATION OF DELITOS
COMMITTED THROUGH SOCIAL MEDIA
Article 512.-Special Rules.- For investigation of crimes committed by social media, the general rules of this Code and in addition the special rules provided for in this Chapter. Article 513.-Liability.- The directors, editors, owners or managers of a social media outlet will respond for the infringement that is judged and against it you will have to follow the cause, if at the request of the attorney or the manifests the name of the author, player or person responsible for the publication. They shall also be responsible if the author or the author is a suspected or unknown person. Article 514.-Remission.- The directors, administrators or owners of the radio and television stations shall be obliged to send, when the prosecutor or the prosecutor so requires, the films, the video clips or the sound recordings. Failure to do so will continue against them. The person or the prosecutor will grant the three-day period for the referral, preventing him from being responsible in case of non-compliance. Article 515.-Previous exhibition.- Before the exercise of the criminal action, the office or prosecutor of its own office or at the request of the person deemed to be affected shall require the director, publisher, owner or person responsible for the media, to report the name of the author or the person responsible for the document, sending a copy of it. In other cases, you must also ask for the name, the remission of the films, video clips and recordings mentioned above. Article 516.-Transcript of the original.- The presentation of the original when the offence is committed by broadcasting or television may be supplied with a judicial transcript obtained from the recording. Article 517.-Start of the instruction or judgment.- The original of the tape or the recording and the corresponding expert assessment, if it is a public exercise offence of the action, the or the prosecutor shall request day and hour for to issue charges. In the case of a breach of the private exercise of the action, the person concerned may submit his complaint and shall be dealt with in accordance with the relevant rules. Article 518.-Application in private exercise crimes of the action.- When dealing with private exercise crimes of the action, these rules shall be applied by the competent judge or judge.
TITLE V PRECAUTIONARY AND DE PROTECTION
CHAPTER FIRST GENERAL RULES
Article 519.-Purpose.- The or the judge may order one or more protective and protective measures provided for in this Code in order to: 1. Protect victims and other
participants in the criminal proceedings. 2. Ensure the presence of the person prosecuted in the
criminal proceedings, the fulfillment of the penalty and the comprehensive repair.
3. Preventing the practice of
from being destroyed or hindering the practice of evidence that disappears elements of conviction. 4. Ensure integral reparation for victims. Article 520.-General rules of protective and protective measures.- The judge may order protective and protective measures in accordance with the following rules: 1. Precautionary and protective measures may
be ordered in crimes. In case of contraventions only protective measures will be applied.
2. In crimes, the judge or the judge will only have
a substantiated request from the prosecutor, one or several precautionary measures. In contravention, protective measures may be available on their own initiative or at the request of a party.
3. The or the judge will resolve in a reasoned manner, in
oral, public and contradictory hearing. If necessary, requests for replacement, suspension and revocation of the measure, or any provision of caution in this respect, shall be considered.
4. When you motivate your decision, the judge will consider the
criteria of necessity and proportionality of the measure requested.
5. They must be immediately fulfilled after
having been ordered and the procedural subjects notified in accordance with the provisions of this Code.
6. The resource interposition will not suspend the
execution of the precautionary measures or protective measures.
7. In case of non-compliance with the precautionary measure by
part of the person processed, the prosecutor or the prosecutor will request their replacement by another more effective measure.
8. The judge will monitor compliance with the
protective and protective measures with the intervention of the National Police.
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Article 521.-Replacement hearing, review, recall, or suspension of precautionary measure and protection.- When new facts are present, it is justified or obtained new evidence that proves previously unjustified facts, the prosecutor, the public or private defender, if relevant, will ask the judge or the judge to replace the precautionary measures with others. In the same way, the judge will dictate a measure previously denied. No application shall be required from the tax authority or the public prosecutor in the case of protective measures. If the causes that give rise to the precautionary or protective measures disappear or if the time limit provided for in the Constitution is met, the judge or the judge will revoke them or suspend their trade or at the request of a party.
CHAPTER SECOND MEASURES PRECAUTIONARY
FIRST SECTION
Precautionary measures to ensure the presence of the processed person
Article 522.-Modes.- The or the judge may impose one or more of the following measures Precautionary measures to ensure the presence of the processed person and shall be applied as a priority to deprivation Freedom: 1. Prohibition of absent from the country. 2. Obligation to report periodically to the
who knows the process or to the authority or institution designated by him.
3. House arrest. 4. Electronic surveillance device. 5. Detention. 6. Preventive prison. In the case of numerals 1, 2 and 3 of this Article, the judgment or judgment may also order the use of an electronic surveillance device. Article 523.-Prohibition of the absence of the country.- The judge or the judge at the request of the prosecutor, may arrange to be prevented from leaving the country, which will notify the agencies and authorities responsible for its compliance, under legal preventions. Article 524.-Obligation to report periodically to the authority.- The judge may order the defendant to appear before him or before the authority or institution designated by him. The official designated for the control of the periodic submission to the authority shall be required to inform the competent judicial authority within 48 hours following the day provided for in the submission and immediately, if this has not occurred, under penalty of being subject to the administrative responsibilities.
Article 525.-House Arrest.- The control of the house arrest will be in charge of the judge or the judge, who can verify their compliance through the National Police or any other means that set. The person processed shall not necessarily be subject to permanent police surveillance; this may be replaced by periodic police surveillance and the use of the electronic surveillance device must be available.
PARAGRAPH 1 APPREHENSION FIRST
Article 526.-Apprehension.- Any person may apprehend anyone caught in a flagrant offence of public exercise and immediately hand him over to the National Police. The officers of the National Police, of the competent authority in the field of transit, or members of the Armed Forces, must apprehend those who are surprised by the flagrant crime and inform them of the reasons for their apprehension. In the latter case they must immediately hand them over to the National Police. The servants of the National Police or of the competent authority in the field of transit may enter a place where they are in continuous pursuit, for the sole purpose of practicing the person's respective apprehension, property or objects of the flagrant offence. Article 527.-Flagrancy.- It is understood that the person who commits the crime in the presence of one or more persons is in a situation of flagrancy or when he is immediately discovered after his alleged commission, provided there is a Continuous persecution from the moment of the alleged commission to the apprehension, also when it is found with weapons, instruments, the product of the illicit, traces or documents relating to the offence just committed. No continuous prosecution may be invoked if more than twenty-four hours have elapsed between the commission of the offence and the apprehension. Article 528.-Agents of apprehension.- No one can be apprehended but by the agents to whom the law imposes the duty to do so, except for the case of flagrancy, in accordance with the provisions of this Code. However, in addition to the case of a flagrant offence, any person may apprehend: 1. To whom he or she abscond from the rehabilitation establishment
social in which he or she is serving his or her sentence, detained or with remand.
2. To the person prosecuted or charged, against whom
has been issued a remand or to the convicted person who is at large.
If the apprehensor is a particular person, he/she must immediately place the apprehended at the order of a person. police officer.
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Article 529.-Flagrant Rating Hearing.- In cases of flagrant infringement, within twenty-four hours since you had The arrest will be conducted by the corresponding oral hearing before the judge or the judge, in which the legality of the apprehension will be qualified. The prosecutor, if necessary, will make charges and be relevant to request the precautionary and protective measures that the case warrants and the corresponding process will be determined.
SECOND PARAGRAPH Detention
Article 530.-Detention.- The judge or the judge may order the arrest of a person for investigation purposes. Article 531.-Order.- The detention ballot will meet the following requirements: 1. Motivation of detention. 2. The place and the date on which it is issued. 3. The signature of the competent judge or judge. In order to comply with the arrest warrant, that ballot must be handed over to the National Police. Article 532.-Duration.- In no case shall the detention be longer than twenty-four hours. The version you take or the prosecutor will be received in the presence of your public or private defender. In the case of transit, in the case of offences where property damage only exists, no case shall be made in respect of the arrest of the drivers. In the case of offences and traffic offences, the transit authority shall retain the vehicles for up to seventy-two hours in order to carry out technical-mechanical inspection, with the exception of immediate repair agreements. The deadline will be returned immediately to its owners, holders or legally applicable Article 533.-Information about rights. The judge or the judge must make sure that the person arrested is informed about his or her rights, which includes, clearly knowing the reasons for his detention, the identity of the authority that orders it, the agents who carry it out and those responsible for the questioning. You will also be informed of your right to remain silent, to request the presence of a public or private defender and to communicate with a family member or any person you indicate. The same communication must be made to a trusted person who indicates the person being detained and their public or private defender.
If the person detained is foreign, the person who carries out the arrest must immediately inform the consular representative of your country or failing to follow the rules of the relevant international instruments. In any police precinct, Public Prosecutor's Office, Public Prosecutor's Office and Public Defender's office should be clearly and clearly exposed to the rights of victims and detainees.
THIRD PARAGRAPH Preventative Prison
Article 534.- Purpose and Requirements.- To ensure the appearance of the processed person to the process and the execution of the sentence, the prosecutor may request the judge or the judge in a substantiated manner, to order the remand, provided that the following requirements are met: 1. Sufficient elements of conviction on the
existence of a public exercise offence of the action.
2. Clear and precise elements of conviction that the or
the defendant is the author or accomplice of the infringement. 3. Indios of which it is apparent that the measures
non-custodial precautionary measures are insufficient and that preventive imprisonment is necessary to ensure their presence in the trial or the fulfillment of the sentence.
4. That is a penalty-sanctioned infringement
a year's imprisonment of more than one year. If this is the case, the judge or the judge to decide on the remand should consider whether the person or the defendant has failed to comply with an alternative measure to the preventive prison previously granted. Article 535.-Revocation.- The remand will be revoked in the following cases: 1. When the indicia or elements of
conviction that motivated it have been faded. 2. When the person prosecuted has been dismissed or
ratified their state of innocence. 3. When expiration occurs. In this case you will not
be able to order the remand again. 4. A declaration of invalidity affecting that measure. Article 536.-Replacement.- The remand may be replaced by the precautionary measures provided for in this Code. There is no substitution in the case of infringements punishable by a custodial sentence of more than five years. If the replacement measure is not complied with, the judge shall leave it without effect and in the same act shall order the pre-trial detention.
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Article 537.-Special Cases.- Without prejudice to the penalty for the infringement, the remand may be replaced by the house arrest and use of the electronic surveillance device, in the following cases: 1. When processed is a pregnant woman and is
found until in the ninety days after delivery. In cases where the child is born with diseases that require special care from the mother, it may be extended up to a maximum of ninety days.
2. When the person processed is greater than sixty and
five years of age. 3. When the person processed presents a
stage incurable disease
severe disability or catastrophic, high-complexity, rare or orphan disease that does not allow it to fend for itself, which is justified by the presentation of a medical certificate issued by the corresponding public entity.In cases of crimes against sexual and reproductive integrity, violence against women or members of the family nucleus, house arrest may not be possible. be met at the address where the victim is located. Article 538.-Suspension.- The remand shall be suspended when the person is being held. Article 539.-Improvenance.- The preventive prison cannot be ordered, when: 1. It is a crime of private exercise of the action. 2. It is a violation. 3. These crimes are punishable by custodial sentences of
freedom that do not exceed one year. Article 540.-Resolution of remand.- The application, revocation, replacement, suspension or review of the remand, shall be adopted by the judge in hearing, oral, public and contradictory in a reasoned manner. Article 541.-Expiration.- The expiration of the remand shall be governed by the following rules: 1. It shall not exceed six months, in crimes
sanctioned with a custodial sentence of up to five years.
2. It will not exceed one year, in sanctioned crimes
with a custodial sentence of more than five years. 3. The deadline for the expiration of the expiration will be counted from
of the date on which the remand order was made effective. Given the statement, these deadlines will be interrupted.
4. For the purposes of this Code, in accordance with the
Constitution, it will be construed as crimes of imprisonment
all those sanctioned with a custodial sentence for more than five years and as prison crimes, the remaining ones.
5. The order of remand will expire and will be left without
effect if the indicated deadlines are exceeded, so the judge or the judge will order the immediate release of the person prosecuted and will communicate this particular to the Council of the Judicature.
6. If by any means, the person prosecuted evades,
retards, avoids or prevents their judgment by means of acts aimed at causing their expiration, this is, for reasons not imputable to the administration of justice, the order of remand keep in place and suspend the time of the preventive prison term in full.
7. If the procrastination produces the expiration by actions or
omissions of judges, prosecutors, public or private defenders, experts or personnel of the comprehensive specialized system of investigation, medical and forensic sciences, it will be considered that They incur serious misconduct and must be punished in accordance with the relevant legal rules.
8. For the determination of that period, neither shall
compute the time between the date of the interposition of the recusations and the date of issue of the judgments on the claims, exclusively when they are denied.
9. The judge or the judge in the same act declaring the
expiration of the remand, as necessary to guarantee the inmediation of the person processed with the process, may have the precautionary measure to present periodically before the judge or the prohibition of the absence of the country or both measures. In addition, you will be able to use the electronic surveillance device.
10. The processed person will not be released from the process
nor from the penalty for having effectively made the pre-trial detention effective, and must be continued with his or her substantiation.
The person or the prosecutor who requests the start of a new cause The same facts, in which another criminal offence is imposed to avoid the use of the preventive prison, will commit a serious infringement in accordance with the Organic Code of the Judicial Function. Article 542.-Failure to comply with the measures.- If the person prosecuted does not comply with the non-custodial precautionary measure, the prosecutor or the prosecutor shall ask the judge or the judge for a precautionary measure of liberty. In the case of pregnant women, they will comply with the precautionary measure of liberty, in separate sections, in the centers of deprivation of liberty. In the event of non-compliance by the processing of the protective measures imposed, the judge or the judge shall transmit the records to the Office of the Prosecutor for the investigation concerned.
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FOURTH PARAGRAPH
Caution Article 543.-Object and Classification.- The caution will be available to ensure the presence of the person prosecuted and shall suspend the effects of the remand. The security may consist of money, policy, bond, pledge, mortgage or letter of guarantee issued by a financial institution. The person who is processed may be held with his or her money or property or with a guarantor. Article 544.-Inadmissibility.- No caution is permitted: 1. In the crimes in which the victims are girls, boys or
adolescents, persons with disabilities or adults or older adults.
2. In crimes whose maximum custodial sentence
is more than five years. 3. When the person processed for any reason
causes the execution of the caution. 4. In crimes of violence against women or members of the
family core. Article 545.-Processing.- To fix the caution the following procedure will be followed: 1. The request for caution will be analyzed and resolved at
oral hearing. 2. The modality of the course will be discussed in the audience. 3. If it is a pecuniary, the amount of the
caution shall be determined, for which account shall be taken of the personal circumstances of the procedural subjects, the infringement in question and the damage caused.
4. In cases that are accepted the "mortgage" or
mortgage ", the latter granted by public deed, will be entered in the respective register free of charge.
5. The mode of the caution or the guarantor may be
replaced with the authorization of the judge or the judge, maintaining the same amount.
6. The or the judgment-supporting judge, who does not meet the
requirements prescribed in this Code, will respond to civil, administrative or criminal liability as appropriate.
Article 546.-Formas of caution.- The process may be requested by the Following forms of caution: 1. Mortgage caution: The
certificate of the Registrar of the Property of the canton or district in which the real estate is located, free of charge and the certificate of the municipal avaluo must be accompanied corresponding.
2. Caution: documents must be accompanied by documents certifying the sanitized domain of the movable property offered in garment.
3. Pecuniary caution: The value
determined by the judgment or judgment, in cash, in certified cheque or by means of a guarantee letter issued by a financial institution shall be entered. The application for acceptance shall be accompanied by the documentation justifying compliance with the requirements of the Law.
4. Bail insurance policy:
unconditional, irrevocable and immediate recovery insurance policy issued by a legally constituted insurer in the country and with the respective authorizations will be delivered
of the relevant organ, the beneficiary shall be the judiciary that orders the measure.5. Guarantor: In cases where the course is proposed
by a guarantor, you must present the corresponding certificates that prove that you are the owner of the goods that can cover the amount of the course. The person acting as guarantor shall indicate domicile for the corresponding notifications.
The registrars of the property and the market shall not be able to register new taxes on the goods that are awarded in the course of compliance with this Code. Article 547.-Execution of the caution.- The execution of the course will operate in accordance with the following rules: 1. If the person prosecuted does not appear to the hearing of
trial, his remand will be ordered according to provided in this Code and the flow will be executed.
2. In cases where a person acting as
guarantor yields caution and the person prosecuted will not appear for the hearing, the remand shall be ordered in accordance with the provisions of this Code and the time limit shall be set for the guarantor the present, which may not be greater than ten days under the warning of execution of the course.
If within the time limit the guarantor does not present the person processed, the course will be executed. Once the security has been executed, the guarantor may exercise the actions provided for in the civil right against the guarantee.
3. Effectively the flow, its amount will go to
to guarantee the integral repair. If there is surplus, it will be returned to the obligated.
4. The processed person will not be released from the process
nor from the penalty for having taken the course effective, and must continue with the substantiation of the process.
5. If the person processed is cleared, you will not be entitled
to the return of the values that are being returned for the execution of the course.
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Article 548.-Cancellation of caution.- The or the judge will cancel the course and order its return in the following cases: 1. When the person who acts as a guarantor and
present to the person processed. 2. When the order of dismissal or judgment is issued
absolute. 3. By death of the person processed. 4. When the sentence that imposes
is executed, a non-custodial sentence is imposed and the victim is dealt with in a comprehensive manner.
5. When the remand resolution is revoked. 6. When the prescription resolution of the
exercise of the action is issued.
SECTION SECOND Precautionary Measures on Goods
Article 549.-Modes.- The or the judge may order the following measures Precautionary measures for the goods of the natural or legal person processed: 1. Abduction 2. Seizure 3. The retention 4. The ban on alienating. Once the measures have been ordered, they must be entered in the respective registers for free. Article 550.-Precautionary measures for legal persons.- The or the judge may order one or more of the following precautionary measures: 1. Provisional closure of premises or establishments. 2. Temporary suspension of activities of the person
legal. 3. Intervention by the competent public body of control
. The intervention may be suspended after the financial controller has been informed. The precautionary measure provided by the judge will be predisposed to any other administrative procedure, even if the latter was initiated prior to the judicial providence. Article 551.-Special orders.- The or the prosecutor shall request the adoption of precautionary measures to immobilize assets, funds and other assets owned or linked or that are under
direct or indirect control. indirect natural or legal persons and shall be resolved in oral, public and contradictory hearings within the period of 24 hours. In the crimes against the environment and the nature or Pacha Mama and the cases determined in this Code, the judge or the judge, if appropriate, order the seizure, the disablement or the destruction of heavy machinery, which by its nature causes environmental damage or is difficult to mobility. Article 552.-Special orders for terrorist offences and their financing.- In terrorist offences and their financing, the prosecutor or the prosecutor will ask the judge or the judge to establish precautionary measures in the case of terrorism. natural or legal persons identified as individual terrorists, terrorist groups or organisations or persons acting on behalf of or under their direction, listed on the general list of the Security Council of the Organisation of United Nations. The judge, following due process, will order the precautionary measures verifying whether the person or entity is in the list here indicated and will order the freezing or freezing provided for in the first paragraph of the previous article. In order to comply with the measure, it shall notify the relevant institutions and financial control and supervisory bodies, as well as the foreign policy-making Ministry, to bring to the attention of the Security Council of the United Nations. In order to comply with this provision, without prejudice to the referral to other authorities, the foreign policy ministry shall send the list of persons designated by the Security Council of the United Nations, to the or to the public prosecutor and to the agencies involved in the fight against money laundering, terrorism and its financing. Article 553.-Vigency of the precautionary measures that are given in the crimes of terrorism and their financing.- The judge may lift the precautionary measures in the crimes of terrorism and their financing, at the request of a party, exclusively in cases where they have been issued on the assets, funds and other assets of a namesake or where the assets, funds and other assets on which they have been issued are not owned or are not related to the person or entity constant in the list indicated in the previous article. If the lifting of the precautionary measures in the cases mentioned above is resolved, the foreign policy's foreign ministry must be notified to bring to the attention of the United Nations Security Council. Article 554.-Monto.- All the precautionary measures of a real nature comprise goods by sufficient values to guarantee the obligations of the person processed, the same ones that will be fixed with equity by the judge at the moment the respective measure is ordered.
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Article 555.-Precautionary measures on goods in judgment.- In any event the person prosecuted is going to trial, the judge or the judge will have the ban on the disposal and retention of the accounts if it has not done so before, for an amount equal to the value of the fine and the integral repair of the victim. Article 556.-Temporary prohibition.- The or the judge may order the temporary prohibition to transfer, convert, dispose or move funds, assets, investments, shares, units, assets or custody or the temporary control of the which shall be handed over to the competent authority for custody, temporary protection and preservation until a final court decision. Article 557.-Seizure.- The or the judge at the request of the prosecutor may arrange for the seizure in accordance with the following rules: 1. The judge or judge must order that the public entity
created for the purpose, be the competent, for the deposit, custody, protection and management of the goods and other securities.
The assets and securities seized within the process penalties for offences of production or illicit trafficking of scheduled substances subject to supervision, laundering of assets, terrorism and their financing, shall be delivered in deposit, custody, safeguard and administration to the competent body in the field of of scheduled substances subject to audit.
2. The administration will cover the costs of conservation and
production with the usufruct of the goods, and if this is the case, the remaining balance will be returned to the owner.
3. The administration, prior to the expert endorsement, may
sell in public auction, the movable property of the person processed before the final judgment is given. Immediately after the sale, the money will be entered into a State-enabled account for the effect. The full product of this sale plus your interests will be returned to the person prosecuted in the event that your innocence is ratified.
4. The seizure will be held until the judge or judge
issues the final resolution. 5. In case the person is ratified by his
innocence, the goods that are under temporary administration will be returned to him.
6. Once the sentence is handed down, in case
of violations of the laundering of assets, terrorism and its financing, trafficking of persons, trafficking of migrants and crimes related to scheduled substances subject to supervision, all the assets, funds, assets and products that come from these, which have been seized, will be transferred directly to the State and may be sold if necessary.
CHAPTER THIRD PROTECTION MEASURES
Article 558.-Modes.- The protective measures are: 1. Ban the person processed from attending
certain places or meetings. 2. Ban the person prosecuted from approaching the
victim, witnesses and certain persons, wherever they are located.
3. Prohibition on the person prosecuted to perform acts of
persecution or intimidation of the victim or members of the family core by himself or through third parties.
4. Extension of a relief ballot in favor of the
victim or family members in the case of violence against women or members of the family core.
5. Order of departure of the person processed from the dwelling
or abode, if the coexistence implies a risk to the physical, mental or sexual security of the victim or witness.
6. Reintegrate the victim or witness and exit
at the same time as the person processed, in the case of a common dwelling and it is necessary to protect the personal integrity of the person.
7. Deprivation of the person in custody of the
victim child, child or adolescent or person with disabilities and in case of need appointment to a suitable person as their guardian, guardian or curator or curator, in accordance with the rules specialized in childhood and adolescence or civil law, as appropriate.
8. Suspension of the holding or carrying of weapons
of the person processed if he or she has it or their retention.
9. Order the respective treatment to which
the person who is processed or the victim and their children under the age of eighteen must be submitted, if applicable.
10. Immediate suspension of the polluting activity or
which is affecting the environment when there is a risk of harm to humans, ecosystems, animals or nature, without prejudice to what may be ordered by the competent authority in environmental matter.
11. Order of eviction, to prevent invasions or
illegal settlements, for which the aid of the public force must be counted.
The measure of eviction can also be ordered and practiced by the Police Mayor, when comes to your knowledge that an invasion is being perpetrated
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or illegal settlement, and will immediately inform the prosecutor or the prosecutor to initiate the investigation concerned.
12. In the case of violations of violence against the
woman or members of the family core, in addition to the precautionary and protective measures provided for in this Code, the judge or the judge shall simultaneously fix a pension that permits subsistence of persons harmed by the aggression in accordance with the law on the matter, unless they already have a pension.
In case of crimes relating to violence against women or members of the family core, crimes of sexual integrity and reproductive and personal integrity and liberty, trafficking in persons, the prosecutor or the prosecutor's merits, (a) urgently request the adoption of one or more protective measures in favour of the victims, who must immediately have them available. In the case of a violation of violence against women or members of the family nucleus, or the judgment of merit, one or more of the measures mentioned in the preceding numbers shall be immediately available. The members of the National Police must dispense with the aid, protect and transport victims of violence against women or members of the family nucleus and prepare the part of the case that will be sent within 24 hours of the competent authority. Article 559.-Use of electronic devices.- To ensure effective compliance with the above measures, the judge or the judge will have the assistance of the National Police and in the cases of the numerals 2 and 3 of the previous article, order the person to process the use of electronic devices. If necessary and on request, the use of these electronic devices may be available in favour of the victim, witness or other participant in the process. In turn, the national protection and assistance system for victims, witnesses and other participants in the process may be requested to be admitted to the national system, even if the prosecutor or the prosecutor does not previously have it.
TITLE VI PROCEDURE
CHAPTER FIRST GENERAL RULES
Article 560.-Orality.- The Criminal Procedure System is based on the principle of orality that is developed in the hearings provided for in this Code. They must be recorded or reduced in writing: 1. The complaint and the particular charge. 2. The constances of the investigative actions, the
parts or police reports, expert reports, the versions, the testimonies, testimonies with the oath and the minutes of other proceedings.
3. The minutes of hearings. 4. Definitive cars as long as they do not dictate in
hearings and sentences. 5. Interposition of resources. Article 561.-Content of the minutes.- The minutes of the hearings are summary minutes and contain only the relevant part. No hearing shall be transcribed verbatim but must be recorded with the greatest accuracy as determined by the judgment or judgment. The Council of the Judicature will carry a file by the appropriate technical means of all the hearings carried out. Article 562.-Advertising of the hearings.- The hearings are public in all procedural stages. Hearings on crimes against sexual and reproductive integrity, violence against women or members of the family core and against the structure of the constitutional state are reserved. Article 563.-Audiences.- The hearings shall be governed by the following rules: 1. They shall be held in the cases provided for in this Code. In
a case that the hearing cannot be held, a procedural record will be left. They may be suspended on grounds of justification and by decision of the judge.
2. They are public, with the exceptions set in this
Code. The deliberation is reserved. In no case will the hearings be recorded by the social media.
3. They are governed by the principle of contradiction. 4. Installed the hearing, the or the judge will grant the
word to the person who requests it and will open the discussion on the issues that are admissible. In case of an order to review the legality of the detention, this point will always be the first to be addressed.
As a general rule, the prosecutors and the public or private defenders will have the right to file freely. their proposals, interventions and support.
5. It will be resolved in a motivated manner in the same
audience. Individuals will be notified with the only oral pronouncement of the decision. The judgments shall be reduced in writing and shall be notified within 10 days. The time limits for the challenges of the final judgments and orders not delivered in the hearing shall be borne by the written notification.
6. The official language is Spanish, if you cannot understand
or express it easily, the person prosecuted, the victim or other interveners, will be assisted by one or a translator appointed by the judge or the judge.
7. The person prosecuted, the victim or other interveners,
in case of not being able to hear or understand orally, will be assisted by an interpreter designated by the or the
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judging, who will be able to use all mechanisms, media, and alternative forms of visual, auditory, sensory and other communication that enable their inclusion in criminal proceedings. The above is not to be accompanied by an interpreter of your trust.
8. At the beginning of each hearing, the judge or the judge will have
to verify the presence of the procedural subjects that are indispensable for its realization and, if necessary, to resolve questions of formal type.
9. The judge or the judge will control the discipline in the
hearing, may even limit the entry of the public by the capacity or safety of the room, establish the time of intervention of the procedural subjects, according to the nature of the case and respect for the right of equality of the parties.
10. The presence of the judge or the
, theor private defenders and the prosecutor will be counted. Procedural subjects have the right to intervene on their own or through their public or private defenders. In the case of legal persons governed by public law, the legal representative, delegates or the judicial prosecutor or their defenders may attend the hearings.
11. The hearing of the trial cannot be held without the
presence of the person prosecuted, except for the cases provided for in the Constitution of the Republic.
12. If the hearing of the defendant is not held
of the person prosecuted or of his defenders, that is, for reasons not attributable to the administration of justice, such inattendance will suspend in full the decurso of the deadlines of the expiry of the remand until the date on which the hearing of the trial is actually held. The above, without prejudice to the necessary procedural constancy with respect to the suspension in each file.
13. The proceedings and requests of the procedural subjects
to be filed with the judges, shall be dispatched in a concentrated manner.
14. If the person prosecuted is absconding, after
resolved the assessment and preparatory stage of the trial, the judge or the judge will suspend the initiation of the trial stage until the person prosecuted is detained or physically present. voluntary manner.
15. If multiple people are processed and are leaking
and others present, the start of the trial will be suspended for the first and will continue with respect to the latter.
Article 564.-Address of the hearings.- All The hearings provided for in this Code shall be conducted under the direction of the judgment or judgment, who shall act in accordance with the following rules: 1. Control the activity of the subjects and other parties
of the target and the requirements of the case, the audience, and the duration of the process.
2. Avoid repeated and impertinent delays or interventions, may interrupt the parties to request clarification or lead the debate.
3. Both interventions and decisions must go
in understandable, clear, concrete and intelligible language. 4. All decisions must be taken in the same
hearing. Article 565.-Telematic hearings or other similar means.- When for reasons of international cooperation, security or procedural utility and in those cases where the appearance of who is to intervene in the hearing is impossible, prior to the authorization of the judge, the diligence may be carried out by means of telematic communication or videoconferencing or other similar technical means, in accordance with the following rules: 1. The audio and video communication device
used will allow the judge or the judge to observe and establish oral and simultaneous communication with the person prosecuted, the victim, the private public defender, the prosecutor, expert or witness. The processed person will be allowed to hold conversations in private with their public or private advocate or advocate.
2. The communication must be real, direct and reliable,
both image and sound, among those who are presented through these media and the judges, the procedural parties and audience attendees.
3. The judge will adopt the measures that are
indispensable to guarantee the right to the defense and the principle of contradiction.
The telematic hearings may be witnessed by the public, except in the cases that exist a measure of restriction on advertising. Article 566.-Restrictive measures.- The or the judge may order, at the request of a party, one or more of the following restriction measures: 1. Closed hearings to the public and the press, in the
cases provided for in this Code. 2. Imposition on the procedural subjects and any person
who will attend the hearing, the duty to keep reserve on what they see, hear or perceive.
3. Personal data identity reservation of the
procedural subjects, third parties, or other participants in the process.
4. Whoever requests the measure must explain the reasons for
his or her request to the judge, who will decide on his or her provenance at the same hearing.
Article 567.-Application of the restriction measures.- The or the judge may, by way of exception, issue one or more restriction measures as long as they do not attend.
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against the rights of the procedural subjects and addressing the principle of need, when: 1. It is exposed to psychological harm to the girls, boys or
teenagers involved in the process. 2. Imimpartiality or danger is threatened or the
judging, victims, witnesses, experts and other participants in the process.
3. These are crimes linked to crime
organized, terrorism and its financing, human trafficking, trafficking of migrants, production or large-scale illicit trafficking of scheduled substances subject to control, arms trafficking, ammunition and explosives, money laundering, sicariato and kidnapping.
Article 568.-Suspension and recess.- The hearing may be suspended in a reasoned manner, if the judge considers it necessary, for better development and compliance of the purposes of the process. For the purpose, the judgment or judgment shall indicate a new day and time for its resumption, which shall be carried out within a period not exceeding five days from the date on which the hearing is suspended. If the hearing is excessively prolonged, the court or the judge shall order the hearing to be suspended and shall have to be followed the following day. For the same reasons set out above, the judge may order a recess of up to two hours, provided that the hearing resumes on the same day. Article 569.-Objection.- The parties may object to such actions that violate the principles of due process, such as: 1. Presentation of evidence that has been declared
illegal. 2. Improvised or Last Witness Presentation
time. 3. Comments related to the person's silence
processed. 4. Conducting self-incriminating questions,
captioning, composite, impertinent, repetitive, disrespectful, vague or ambiguous, those outside of the witness's sphere of perception, suggestive except in the cross-examination; opinions, conclusions and eludes, except in cases of experts within the area of their expertise.
5. Comments related to the victim's previous
behavior. If the objection is lodged, the judgment or judgment shall be accepted or refused and shall be settled if the declarant is satisfied or refrains from doing so. Article 570.-Special rules for the prosecution of the crime of violence against women or members of the family nucleus.- In the judgment of crimes of
violence against women or members of the family core will apply The following rules: 1. They are competent and the judges of criminal guarantees. 2. Public prosecutors, defenders and public defenders
. 3. The victims may benefit from the national system
for the protection and assistance of victims, witnesses and other participants in the process, before, during or after the criminal proceedings, provided the conditions so require.
CHAPTER SECOND EXCUSES AND RECUSAL
Article 571.-Competition challenge.- The parties at any procedural time may contest the competition. In the event of incompetence on the grounds of the personal jurisdiction, territory or grades, the judge or the judge shall immediately forward the file to the relevant judicial body in order to substantiate the proceedings. Article 572.-Causes of excuse and recusal.- They are causes of excuse and recusal of the or the judges, the following: 1. Being spouse, couple in union in fact or relative
within the fourth degree of consanguinity or second of affinity of either party, its legal representative, its president or its defenders.
2. To be a creditor, debtor or guarantor of any party,
except for public sector entities, financial system institutions or cooperatives. It gives rise to the excuse or recusal set forth in this numeral only when the credit is recorded by public document or by recognized or registered private document, dated before the trial.
3. To have a trial with one of the parties or to have had it
within the previous two years if the trial is civil and five years if the trial is criminal. The same rule will apply in the event that the judgment is with your spouse, partner in fact or relative within the fourth degree of consanguinity or second degree of affinity.
4. Have personal interest in the cause because they are their
businesses, of their spouse, partner in fact or their relatives within the fourth degree of consanguinity or second degree of affinity.
5. To be a subject, donor, employer or partner of any
of the parties. 6. Fail in another instance and in the same process the
issue that is vented or another related to it. 7. To intervene in the process as part, representative
legal, proxy, judge, defender, prosecutor, accuser, expert, witness or interpreter.
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8. Have intimate friendship or manifest enmity with
some of the procedural subjects. 9. Be penalized, fined or ordered to pay costs in the case
you know, in case the penalty is imposed by another judge.
10. Have a link with the parties, the victim or their
advocates for economic interests. 11. Give advice or express your opinion on the cause. 12. Not to substantiate the time-triple process
pointed out by the law. To the extent that they are applicable, they and the prosecutors must be excused before the top prosecutor or they may be separated from the knowledge of the process for the same reasons determined in respect of the judges. The judges and prosecutors will present their excuses with oath.
CHAPTER 3 DEADLINES AND SCHEDULES
Article 573.-Pleas.- For the processing of criminal proceedings and the practice of procedural acts are business every day and hours, except as regards the interposition and the grounding of resources. Time limits shall be taken into account on the basis of the notification made in the hearing, except for the cases provided for in this Code. Article 574.-Rules.- The procedural actions shall be conducted in accordance with the following rules: 1. The proceedings corresponding to the investigation
pretrial and procedural may be performed at any time. As a result, they are business every day and hours for that effect.
2. The hearings will be held within the time
judicial established by the Council of the Judicature. The court or tribunal may, by means of a duly substantiated decision, authorise the conduct or continuation of a hearing outside the judicial period, where the particular circumstances of the case so warrant.
3. The hearings for the formulation of charges originating in
cases of flagrant infringement must be carried out in strict compliance with the deadlines specified in this Code. They may be performed outside the court schedule.
4. The Council of the Judiciary will ensure that for the
case of flagrant violations, criminal justice will operate 24 hours a day, seven days a week. For the purpose, it will establish a system of efficient shifts or mechanisms that ensure the immediate presence of the procedural subjects.
CHAPTER FOURTH NOTIFICATION
Article 575.-Notification.- shall comply with the following rules: 1. Where the holding of a hearing is called
or a special procedure is to be carried out, at least seventy-two hours shall be notified to the parties, witnesses, experts and other parties. persons who will intervene in the performance, except in cases of flagrant crimes.
2. In the event of failure to appear at that hearing in spite of
the citation or notification has been made in a timely manner, the same shall be understood, unless the absence is justified by force majeure or by chance. In this case the notification will be understood at the time of accepting the justification.
3. The final cars will be notified to the subjects
procedural in the respective hearing. Persons shall be deemed to be notified with the sole pronouncement of the decision of the judge.
4. The notification of providences, resolutions, and
statements recorded in electronic media, will be met based on the following rules:
a) The use of electronic media and
telematics will be privileged. b) It will be performed on the electronic address that the
user determines. c) It will be considered when it is available in
the target box. (d) It shall be indicated in the electronic communication that in
the judicial unit shall be made available to the data subject to the copies of the respective action.
e) When accompanied by
documents issued on paper or paper where electronic notification is impossible, it shall be by written communication which shall be delivered in a personal manner, sent to the court, by registered post or any other suitable means indicated by the parties or which is legally establish.
5. The coordinator or coordinator of the judicial unit
must keep a record of the notifications made at both the hearing and the hearing, for which the appropriate technical means can be used.
Article 576.- Copies.- The procedural subjects shall have the right to request copies of the records of the proceedings and proceedings, of the records of the hearings of the judicial providences and in general of the file, except those which shall have the the nature of the proceedings, the nature of the proceedings and the general nature of the case. Copy will always be electronic, except need
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justified by physical copy, in which case the coordinator of the judicial unit will issue the certified copy, at the expense of the person applicant.
CHAPTER FIFTH CASE AND RECORD
Article 577.-Expedient.- Any process will be assigned with a single case number from the time the prosecutor or the prosecutor becomes aware of the an infringement. The number will be the same in all judicial instances. Article 578.-Classes.- The case is physical and electronic. The physical file shall contain all the documents to be reduced in writing and the records of the conduct of the oral proceedings, but not the content of the oral proceedings. The electronic file will archive all documents that can be transmitted electronically and all the proceedings that have been reduced in writing or received in writing, the same as they are digitized. The electronic files of all the processes will be administered in the same online database in charge of the Council of the Judiciary. Article 579.-Electronic registration of procedural documents.- The electronic register shall be made in accordance with the following rules: 1. Electronic reason for all proceedings shall be held,
proceedings and hearings, corresponding to each procedural stage.
2. The appropriate technical means for the
reliable recording and reproduction of the act shall be used for the purpose of the procedural parts, preferably digital recordings and electronic communications.
3. All audiences must be registered
fully by any digital recording medium, preferably video, and a digital file will be maintained with the records obtained.
4. At the end of a hearing a reason will be seated in the
that consists of the file number, date, place, name of the procedural subjects, the duration of the same and the decision taken, all of which will be entered with the registration of the audiences to the physical and digital file.
5. The preservation and archiving of the records will be
the responsibility of the prosecutor during the prior investigation and tax instruction. It will be responsible for the judicial server responsible for the handling and custody of files of the judicial unit. Once the judgment has been concluded and the resources exhausted, if necessary, the physical and digital file will be kept in the general file of the court, with the exceptions provided for in the Law.
TITLE VII ORDINARY PROCEDURE
FIRST CHAPTER
PREVIOUS RESEARCH PHASE Article 580.-Finalities.- In the previous investigation phase, the elements of conviction, charge, and discharge will be gathered, allowing the prosecutor or the prosecutor to decide whether to formula or not the imputation and to do so, will enable the investigated to prepare its defense. The investigations carried out by the prosecutor or the prosecutor, with the cooperation of the personnel of the integrated specialized system of investigation, legal medicine and forensic sciences or of the competent personnel in the field of transit, shall have the the purpose of determining whether the conduct under investigation is criminal, the circumstances or motives of the perpetration, the identity of the author or participant and the victim, the existence of the damage caused, or in turn, to dismiss these aspects. Article 581.-Forms of knowledge of the criminal offence.- Without prejudice to the fact that the prosecutor or the prosecutor initiates the
, the news about a criminal offence may come to your attention by: 1.existence of an infringement before the Public Prosecutor's Office, National Police, or personnel of the integral system or competent authority in the field of transit. Those who will directly bring to the attention of the Prosecutor's Office.
2. Monitoring reports: The monitoring reports
that perform the control organs must be referred to the Prosecutor's Office.
3. Judicial providences: Autos and judgments issued
by the judges or courts. For the exercise of criminal action, for crimes of embezzlement and illicit enrichment, it is a procedural budget that there is a preliminary report on indications of the criminal liability issued by the Comptroller General of the State. Article 582.-Version to the or the prosecutor.- During the investigation, the prosecutor or the prosecutor will receive versions according to the following rules: 1. The tax or the prosecutor will identify the persons who can
clarify the facts and hear their version without an oath.
2. In case of determining your address or place of work,
will be notified by any means and in the event of non-compliance with the second notification, your appearance will be ordered with the help of the public force.
3. Upon completion of the version, you will be advised of your obligation
to appear and testify at the hearing of judgment, as well as to communicate any changes of domicile or workplace.
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4. If by preventing it, the person who renders the version
manifests the impossibility of attending the hearing of judgment, because it has to be absent from the country or for any reason that makes its concurrency impossible, or the prosecutor may request the or the judge to receive their advance testimony.
5. The or the prosecutor will record the content of the version. Article 583.-Urgent fiscal acts.- In cases of public or private exercise of the action in which it is required to obtain, preserve, preserve evidence or prevent the consummation of a crime, the prosecutor may carry out urgent acts and when legal authorization is required, it will be requested and granted by any suitable means such as fax, e-mail, telephone call, among others, from which the tax file will be kept on record. Article 584.-Reserve of the investigation. The actions of the Prosecutor's Office, of the judge or the judge, of the personnel of the specialized specialized system of investigation, legal medicine and forensic sciences, the National Police, and other institutions (a) to be kept in reserve, without prejudice to the right of the victim and the persons to whom the investigation and his lawyers are being investigated to have immediate, effective and sufficient access to the investigations, request. When the staff of the institutions mentioned above, the experts, translators, interpreters, who have intervened in these proceedings, disclose or otherwise put in danger the success of the investigation or the dissemination, by attacking the honour and The good name of the persons in general will be sanctioned as provided for in this Code. Article 585.-Duration of the investigation.- The prior investigation may not exceed the following periods, counted from the date of its commencement: 1. In the crimes punishable by private punishment of
freedom of up to five years will last up to one year. 2. In crimes punishable by deprivation of
liberty of more than five years will last up to two years. 3. In cases of disappearance of persons, it will not be possible
to conclude the investigation until the person appears or has the necessary elements to formulate an imputation for the corresponding offence, date from which they will start prescription periods.
If the prosecutor considers that the act is not a crime or does not have the elements of conviction sufficient to formulate charges, he may terminate the investigation even before the enforcement of these charges. deadlines, using the file requirement. Article 586.-File.- Translate the indicated deadlines, of not having the necessary elements to formulate charges, the or the prosecutor, within ten days, will request the file of the case, without prejudice to request its reopening when new items will appear whenever the action is not prescribed.
The or the prosecutor will ask the or the judge for the investigation file when: 1. Exceded the time limits for the investigation, no
has been obtained sufficient for the charge formulation.
2. The fact under investigation is not a crime. 3. There is some unsubsable legal obstacle to the beginning
of the process. 4. Other that set the provisions of this
Code. Item 587.-Processing for the file.- The tax file will be determined according to the following rules: 1. The file decision will be based and requested
on the or the criminal guarantee judge. The judgment or judgment shall be communicated to the victim or the complainant and to the defendant at the registered office or by any technological means to be delivered within three days. After this deadline, the judge or the judge will decide in a reasoned manner without the need for a hearing. If you decide to accept it, you will declare the file of the investigation and if there are merits, you will qualify the complaint as malicious or reckless. If you do not agree with the file request, the or the judge will forward the actions in consultation to the top prosecutor to ratify or revoke the file request. If ratified, it will be filed, if revoked, a new prosecutor will be appointed to continue the investigation.
2. The judgment of the or the judge will not be susceptible to
impeachment. Article 588.-Person with symptoms of mental disorder.- If the person investigated or processed shows symptoms of mental disorder, the prosecutor or the prosecutor will order their immediate recognition, for which purpose they will appoint a psychiatrist, who is a psychiatrist. submit your report within a specified time limit. This report will depend on the start of the instruction, the continuation of the process, or the adoption of security measures, as the case may be.
CHAPTER SECOND STAGE OF PROCEDURE
Article 589.-Stages.- The procedure It is developed in the following stages: 1. Instruction 2. Evaluation and Preparatory of Judgment 3. Judgment
SECTION FIRST Instruction
Article 590.-Purpose.- The stage of instruction is intended to determine elements of conviction, charge and discharge, in order to make an indictment against the processed person.
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Article 591.-Instruction.- This stage starts with the charge-making hearing called by the or the judge at the request of the or the tax, when the tax or the prosecutor has sufficient elements to deduct an imputation. Article 592.-Duration.- In the charge-making hearing the or the prosecutor will determine the length of the instruction, which may not exceed the maximum period of ninety days. If there is sufficient merit, the tax or the prosecutor may declare the instruction completed before the expiry of the time limit set in the hearing. The following are exceptions: 1. In transit offences, the instruction will be completed within
of the maximum period of forty-five days. 2. In any flagrant crime the instruction will last until
thirty days. 3. In the direct procedures. 4. When there is a link to the instruction. 5. When there is reformulation of charges. In no case can a tax instruction last more than one hundred and twenty days. In transit offences, no more than seventy-five days and in flagrant offences more than 60 days may last. The proceedings shall not be of any value after the time limits laid down. Article 593.-Link to instruction.- If up to before the expiration of the period of the tax instruction, data appears from which the authorship or the participation of one or more persons is presumed to be the object of the instruction, the or the prosecutor will ask for his connection to the instruction. The hearing to be conducted in accordance with the general rules shall be conducted within a period not exceeding five days, with the direct participation of the person or persons to be linked or to the public or private defender. The term of the instruction shall be extended by 30 days without delay. Article 594.-Rules.- The instruction stage will be substantiated according to the following rules: 1. When the prosecutor or the prosecutor has the elements
sufficient, he or she will ask the judge or the judge to convene the charges.
2. The judge or judge, within twenty-four hours, will point to
day and time for the hearing, which must be held within five days of the request, except for the cases of flagrancy and will notify the procedural subjects.
3. The or the prosecutor must exhaust all means
necessary to identify the address of the investigation.
4. The prosecutor, in hearing, will issue charges where there are elements on the existence of the offence and the involvement of the person in the fact under investigation.
5. The charge-making hearing must
appear the prosecutor, the person prosecuted, or your public or private defender or defender.
6. In this hearing, if the person prosecuted considers
relevant, they may request the application of the abbreviated procedure, as well as any of the rights and guarantees in the form and terms provided for in the Constitution and in this Code.
7. The procedural subjects will be notified in the
same hearing with the beginning of the instruction and the decisions taken in it.
The full content of the hearing will be recorded in the file and by any means technology. Article 595.-Charges.- The statement of charges will contain: 1. The individualization of the person processed,
including their names and their last name and address, if they are known.
2. The circumstantial relationship of the relevant facts,
as well as the violation or criminal violations that are imputed to it.
3. The elements and results of the investigation that
serve as the legal basis for formulating the charges.
The application for precautionary and protective measures, alternative exits to the procedure or any other order that does not affect
Article 596.-Reformulation of charges.- If during the instruction stage, the results of the investigation vary justifiably the legal classification of the imputation made in the formulation of charges, the prosecutor must ask the judge or the judge, hearing to motivate the reformulation of charges. The reformulation shall be carried out, the period of the instruction shall be increased by 30 days without delay, without the tax or the prosecutor being able to request a reformulation. Article 597.-Investigative activities in the instruction.- The procedural subjects shall be free to obtain the elements that underpin their claims subject to the principles of due process, for which they may exercise all the research activities and use of the means of testing, with the restrictions set out in this Code. The person prosecuted may submit to the prosecutor or the prosecutor the items of discharge which he considers appropriate for his defence; the victim may also ask the prosecutor or the prosecutor for the procedural acts which he considers necessary to verify the existence of the of the offence. If to obtain them it is required of a court order, the or the prosecutor will obtain it from the judge or the judge.
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Article 598.-Faculty of order and prosecution.- In the instruction, any of the procedural subjects may request the This is the only way to ensure that the Commission is able to take the necessary steps. Article 599.-Conclusion of the instruction.- The instruction will conclude by: 1. Compliance with the deadline determined in this Code. 2. Fiscal decision, when the or the prosecutor considers that
has all the elements to conclude the instruction, even before the deadline, as long as there are no pending requests from the processed party.
3. Judicial decision, when the deadline passed, the
or the fiscal
has not completed the instruction. Article 600.-Tax opinion and abstention.- Concluded the instruction, the prosecutor or the prosecutor will ask the judge to indicate day and hour for the evaluation and preparatory hearing, which will be convened no longer than five years. days and shall be carried out within a period not longer than 15 days. If he fails to indict, he shall give his duly substantiated opinion and shall be notified to the judge or the judge to have his or her notification to the procedural subjects. In the case of a crime punishable by a custodial sentence of more than 15 years or at the request of the particular accuser, the prosecutor or the prosecutor shall raise the abstention in consultation with the chief prosecutor, to ratify or revoke the offence, within a period of time. maximum of thirty days, which will be brought to the attention of the judge or the judge. If the chief prosecutor or the superior prosecutor by acquitting the consultation ratifies the abstention, he shall immediately forward the file to the judge or the judge to give the case for the dismissal within the maximum period of three days when there is a private person of liberty, case It shall be issued within a period of up to 10 days. In the same order, it shall revoke all protective and protective measures. If the chief prosecutor revokes the abstention, he will appoint another prosecutor to support the charge in the hearing, the same one that will take place within five days of receiving the case. If the prosecutor or the prosecutor resolves to issue an accusatory opinion for some and abstentivo for other defendants, with respect to abstention, he shall raise to consultation in accordance with the provisions of this article. And on which to charge, ask the judge or judge to point out the day and time for the assessment hearing and the trial preparatory hearing.SECTION SECOND Stage of assessment and trial preparation
Article 601.- Purpose.- It aims to know and resolve questions of procedural, prejudiciality, competence and procedure; to establish
the procedural validity, to assess and to evaluate the elements of conviction in which the tax charges, exclude elements of conviction that are illegal, delimit the issues to be discussed in the oral judgment, to announce the evidence that will be practiced in the hearing of judgment and to approve the probative agreements to which the parts arrive. Article 602.-Rules.- The assessment and preparatory stage of the trial is based on the tax charge and substance in accordance with the following rules: 1. The tax or the prosecutor will ask the judge or the judge to set the day and
time for the hearing. 2. The day and time flag for the hearing will be
within five days of the tax request. The hearing shall be held no later than 15 days after the notification.
3. If the prosecutor or the prosecutor does not request the hearing within the
respective deadlines, the judge or the judge will automatically require the prosecutor or the prosecutor to express his or her decision and must communicate the omission to the Council of the Judicature.
PARAGRAPH FIRST Pre-trial Hearing Hearing
Article 603.-Fiscal Indictment.- The tax charge shall be clearly and accurately contained: 1. The concrete individualization of the person or persons
accused and their degree of participation in the infringement. 2. The clear and succinct relationship of the attributed facts of
the infraction in an understandable language. 3. The elements on which the charge is based. If they are
several defendants, the foundation must individually refer to each one of them, describing the acts in which they participated in the infringement.
4. The expression of the legal precepts applicable to the
fact that it accuses. 5. Announcement of the means of proof with which the
support his prosecution in the trial. 6. If proof of witnesses or experts is offered, they
will present a list of individuals. 7. Request for application of precautionary measures or of
protection not given until the moment or its ratification, revocation or replacement of those arranged in advance.
The charge may only refer to facts and persons included in the statement of charges. Article 604.-High Court Hearing.- For the substantiation of the trial's preparatory hearing, the following shall be followed in addition to the rules common to the hearings established in this Code:
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1. The hearing will be installed, the judge or the judge will ask the
procedural subjects to speak about the formal vices regarding the actions up to that procedural moment; if relevant, they will be remedied in the same hearing.
2. The judge or the judge will rule on matters concerning
the existence of procedural requirements, questions of the court, jurisdiction and procedural matters that may affect the validity of the process. Nullity shall be declared as long as it can influence the decision of the process or cause defenceless. Any omission makes it responsible to the judges who have incurred, who will be convicted on the respective coasts.
3. The judge or the judge will offer the word to the prosecutor that
will lay out the foundations of his indictment. Then the particular accuser or accuser will intervene, if there is one or the public or private defender of the person prosecuted.
4. After the intervention of the procedural subjects, if
there are no procedural defects affecting the procedural validity, the hearing will continue, for which the parties must:
a) Announce the totality of the tests, which will be
presented at the trial hearing, including those intended to fix the integral repair for which the victim may be heard, to formulate requests, objections and approaches that estimate relevant to the test offer performed by the other interveners.
b) In no case will the or the judge be able to decree the
craft testing practice. c) Request the exclusion, rejection, or inadmissibility of
the means of proof, which are intended to prove notorious facts or which otherwise do not require proof.
The or the judge shall reject or accept the objection and in the latter The case shall state what evidence is ineffective up to that procedural time; it shall exclude the practice of unlawful means of testing, including those obtained or practiced in violation of the formal requirements, the rules and guarantees provided for in the international instruments for the protection of human rights, the Constitution and this Code.
d) The evidentiary agreements may be made by
mutual agreement between the parties or at the request of one of them when it is unnecessary to prove the fact, including on the appearance of the experts to testify on the reports presented.
5. The proceedings of the procedural subjects shall be concluded
the judgment or judgment shall give a reasoned statement of reasons to those present in their decision which shall be deemed to have been notified in the same act. The recording of the performances and exhibitions held in the audience shall be kept.
The secretary shall draw up, under his or her responsibility and signature, the extract of the hearing, which shall include the identity of the comparitis, alternative special procedures for the ordinary process that has been applied, the allegations, incidents, and the resolution of the or the judge.
PARAGRAPH SECOND Dismissal
Article 605.-Dismissal.- The or the Judge will dictate self-withdrawal in the following cases: 1. When the prosecutor or the prosecutor refrains from charging and being the
case, that decision is ratified by the superior. 2. When it concludes that the facts do not constitute a crime
or that the elements in which the prosecutor or the prosecutor has substantiated his accusation are not sufficient to presume the existence of the offence or participation of the person prosecuted.
3. When you find that causes of
exclusion from the antijurity have been established. Article 606.-Qualification of the complaint and the charge.- The judgment or the judgment of the case-law shall, in a reasoned manner, describe the fear or malice of the complaint or the particular accusation. The person convicted of recklessness will pay the court costs, as well as the corresponding comprehensive reparation. In the event that the judge or the judge considers the complaint or accusation to be malicious, the defendant or the defendant or the defendant who obtains the dismissal may initiate the respective criminal action. Article 607.-Effects of dismissal.- With the dismissal, the judge or the judge will revoke all protective and protective measures, and in the case of a preventive prison, order the immediate release, without prejudice to reordering it if the self-withdrawal is revoked. A criminal investigation will not be possible for the same facts.
PARAGRAPH THIRD Appeal to judgment
Article 608.-Appeal to judgment.- The reasoned judgment of appeal for judgment shall include: 1. Identification of the or the processed. 2. The determination of the facts and the offense charged
by the prosecutor or the prosecutor, as well as the degree of participation established in the tax charge, the specification of the evidence supporting the decision, the appointment and relevance of the applicable legal and constitutional rules.
3. The application of protective and protective measures not
dictated so far or the ratification, revocation, modification or replacement of the same, arranged in advance.
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4. The evidentiary agreements that have been agreed by the
procedural and approved subjects by the judge or the judge. 5. The statements contained in the order of
calling for judgment will not have irrevocable effects in the trial.
6. The hearing act, together with the
evidentiary advances, are the only ones sent to the court and the case will be returned to the prosecutor or the prosecutor.
SECTION THIRD
Trial stage
PARAGRAFO FIRST Installation
Article 609.-Need for indictment.- The trial is the main stage of the process. It is substance on the basis of the tax charge. Article 610.-Principles.- In the judgment, it will govern, especially the principles of orality, publicity, inmediation and contradiction in the evidentiary action. In addition, the principles of continuity of judgment, concentration of acts of judgment, physical identity of the judge and the mandatory presence of the person prosecuted and of the public or private defender shall be observed in their development. with the exception of the judgment in the absence provided for in the Constitution. Article 611.-Notifications.- The or the judge shall notify the witnesses or experts for their appearance to the hearing, with the responsibility of the procedural subjects to bring those experts or witnesses to the hearing. Similarly, it shall officiate the certifications requested for the purpose of obtaining the presence of the witnesses and experts, as well as the information required or documented. Article 612.-Installation and suspension.- The judgment hearing shall be declared to be installed by the judge or the judge in the day and time indicated, with the presence of the prosecutor, the public or private defender and the person prosecuted, except for the case provided for in this Code concerning the telematic hearings and the cases provided for in the Constitution. The particular accuser may intervene through a judicial prosecutor or in the case of legal persons governed by public or private law, the legal representative or his judicial prosecutor may appear. In the event of failure to appear at the hearing, the special charge shall be deemed to be abandoned. Once the hearing has started, if at the moment of intervening any expert or witness is not present or cannot intervene through some telematic means, it will continue with the experts or witnesses present and other means of proof. With the testimony of the court, either party may substantiate the appearance of the experts or witnesses who are not present before the court. The court will exceptionally, in case of accepting
this request, suspend the hearing and point out day and time for its resumption, which will be done immediately, no longer than ten days. In case the request of the parties is not accepted, the hearing will continue and the court will give judgment on the basis of the tests evacuated. Article 613.-Failed hearing hearing.- If the suspension of the hearing is due to causes attributable to the judges, the prosecutors or the prosecutors, it will be communicated to the Council of the Judiciary, in order to have the sanctions of the case available. In the case of other public servants, the respective authorities shall be informed of the relevant administrative penalties. Article 614.-Opening Alegates.- The day and time indicated, the or the judge, will install the hearing of oral judgment after the presence of the procedural parties has been verified. It shall grant the word to both the prosecutor, the victim and the public or private defender of the person prosecuted to present their opening statements, before proceeding to the presentation and practice of the evidence.
PARAGRAPH 2 Testing practice
Article 615.-Practice of testing.- The or the president of the court shall proceed in accordance with the following rules: 1. After the opening argument, order the practice
of the requested evidence by the prosecutor, victim and public or private defense.
2. During the hearing, people acting as
experts and witnesses should be sworn in to tell the truth and be interrogated personally or through telematics systems.
3. Your personal statement may not be replaced by the
reading of records in previous versions, statements or other documents containing them, except for the case of advance testing. The witness statement shall be subject to the questioning and cross-examination of the procedural subjects.
4. The versions and reports of the personnel of the System
specialized research, legal medicine and forensic sciences, the competent personnel in transit, the experts and other previous declarations will be used in the questioning and questioning in order to remember his actions.
5. Experts must present the content and
conclusions of their report and then authorize them to question them. The interrogations will be performed first by the party that has offered that test and then by the others.
6. If in the trial they intervene as accusers, the
prosecutor " and the public or private defender representing the victim or himself is against two.
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or more persons processed, the word will be given in turn to all the accusers or all persons charged, as appropriate.
7. The court may ask the witness or expert questions
for the sole purpose of clarifying their testimonies. 8. Before declaring, the experts and witnesses will not be able to
communicate with each other or see or hear or be informed of what is happening in the hearing.
Article 616.-Exhibition of documents, objects or other means.- which are intended to be incorporated as documentary proof, shall be read in their relevant part, provided that they are directly and immediately related to the subject matter of the judgment, upon accreditation by the person who presents it, who must account for their origin. Objects that are intended to be incorporated as evidence may be displayed and examined by the parties in the trial if they are related to the matter of judgment and prior accreditation in accordance with the preceding paragraph. The videos, recordings or other similar means, shall be incorporated after accreditation, by means of their reproduction by any means that guarantees their fidelity, integrality and authenticity. The procedural parties may request the partial or summary reading or reproduction of the means of proof, where appropriate and the knowledge of their content is ensured. Article 617.-Proof not requested in a timely manner.- At the request of the parties, the court president may order the receipt of evidence that has not been offered in a timely manner, provided that the following requirements are met: 1. For those who request, justify not knowing their existence
until that moment. 2. That the requested test is relevant to the process.
THIRD PARAGRAPH Arguments
Article 618.-Pleadings.- Terminated the evidentiary phase, the or the president of the court will grant the word to plead on the existence of the infringement, the liability of the person prosecuted and the penalty applicable, in accordance with the following order and provisions: 1. The person or the prosecutor, the victim and the public defender or the public defender or
shall present and expose, in that order, their arguments or arguments. There is a right to the replica, but it will always conclude the or the defender.
2. The president of the court will delimit in each case
the time of intervention of the closing arguments, in attention to the volume of the test seen in the public hearing and the complexity of the case.
3. Once the pleadings have been filed, the president or the president will declare the termination of the debate and the court will deliberate, to announce the judicial decision on the existence of the infringement, the criminal responsibility, as well as the individualization of the penalty.
Article 619.-Decision.- The court decision shall contain: 1. Reference to the facts contained in the indictment and the
defense. 2. Determination of the existence of the infringement and the
guilt of the person prosecuted. The person prosecuted may not be found guilty for facts that do not appear in the indictment.
3. The individualization of criminal responsibility and the
penalty of each person prosecuted. 4. Once the guilt and penalty is declared, the
judge will have the victim's integral repair provided that it is identifiable. Likewise, the judge may order the precautionary measures it deems necessary to ensure the execution of the sentence.
5. In case the state of innocence of the
person is ratified, the court will have its immediate freedom, if it is deprived of it, will revoke all the protective and protective measures imposed and will free the orders without delay. corresponding. The freedom order will proceed immediately even if the statement has not been executed or resources have been filed.
6. If the reason for the decision is to exclude culpability
from the causes provided for in this Code, the judge will have the appropriate security measure, provided that the existence of the infringement has been proven.
Article 620.-Time of the penalty.- The court must determine precisely the time of the conviction; likewise it must determine the compliance with the penalties of restriction of the property rights, in case of existence.
PARAGRAPH FOURTH Sentence
Article 621.-Statement.- After you have pronounced your decision orally, the The Court will reduce in writing the judgment which will have to include a full and sufficient statement of reasons for both the criminal liability and the determination of the penalty and the integral reparation to the victim or the dismissal of the these aspects. The court will order to be notified with the contents of the judgment within ten days after the hearing has been completed, from which the resources expressly provided for in this Code and the Constitution of the Republic. Article 622.-Statement requirements.- The written statement must contain:
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1. The mention of the court, the place, the date and time in
that is issued; the name and last name of the person or the sentenced person and the other data that they serve to identify it.
2. The precise and circumstantial relationship of the fact
punishable and the acts of the or the sentenced the court considers to be proven in relation to the evidence practiced.
3. The considerations by which it is tested or
no, the materiality of the infringement and the liability of the defendants, as well as the disclaimer or attenuation of the liability.
4. The resolutive part, with mention of the provisions
legal applied. 5. The individual determination of the participation of the or
the persons judged in relation to the tests practiced and the penalty to be imposed, if necessary.
6. The conviction to fully repair the damages
caused by the infraction with the determination of the economic amount that the person will pay the victim and other mechanisms necessary for the integral repair, with determination of the tests that have been used for the quantification of the damage where appropriate.
7. When the criminal liability of the
legal person is determined, the judge or the judge must verify the damages to the third parties in order to impose the penalty.
8. The costs and the comiso or restitution of goods or the
product of their disposal, values or returns that they have generated to the persons that corresponds to them.
9. The order to destroy the samples of the substances by
illicit production or trafficking of scheduled substances subject to audit.
10. The conditional suspension of the penalty and signal
of the time within which the fine will be paid, where applicable.
11. The signature of the judges that make up the
court. Article 623.-Time of penalty.- The court shall determine precisely the time of the sentence; likewise, it shall determine the compliance with the penalties for the restriction of property rights, if any. Article 624.-Opportunity to execute the penalty.- The penalty will be served once the sentence is executed. In the case of older adults, the custodial sentences will be met in establishments specially adapted for their condition. No pregnant woman may be deprived of her liberty, nor shall she be notified with judgment, but ninety days after delivery. During this period, he or the judge
will order that the house arrest and use of the electronic surveillance device be imposed or continued to ensure the execution of the sentence. Article 625.-Votes necessary.- Every sentence will be dictated with the concordant vote of at least two judges. Article 626.-Diverse infraction.- If in the case before the court, relevant data appear that allow the participation of the person prosecuted in another offence to be presumed, the president or the president will have the data referred to it or the prosecutor to start the corresponding investigation. Article 627.-Prohibition.- The court will not be able to make offensive qualifications regarding the person prosecuted or the victim. Article 628.-Rules on integral reparation in the judgment.- Any sentence of conviction shall provide for the integral reparation of the victim, with the determination of the measures to be applied, the times of execution and the persons or public or private entities required to execute them, in accordance with the following rules: 1. If there is more than one criminal officer, the judge or judge
will determine the modality of the repair based on the circumstances of the infringement and the degree of participation in the infringement as an author, author or accomplice.
2. In cases where the victims have been repaired
for actions of a constitutional nature, the judge or the judge will refrain from applying the forms of reparation determined judicially.
3. The obligation to repair the victim monetarily
will have precedence over the fine, comiso and other obligations of the person responsible criminally.
4. If the publication of the sentence is the
appropriate means to repair the victim, it shall be carried out at the expense of the convicted person.
Article 629.-Procedural costs.- The procedural costs shall consist of: 1. legal originated during processing
of the process. 2. The fees of the defenders and the
experts, translators or interpreters in case they are not part of the justice system.
FIFTH PARAGRAPH
Conditional suspension of penalty Article 630.-Conditional suspension of the sentence.- The execution of the custodial sentence imposed in the judgment of the first instance, may be suspended at the request of a party at the same hearing of judgment or within twenty-four hours thereafter, provided that the following requirements are met:
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1. That the custodial sentence provided for the
conduct does not exceed five years. 2. That the sentenced person has no other current
statement or process in progress and has not been benefited by an alternative exit in another cause.
3. That the personal, social and family background
of the sentenced person, as well as the modality and seriousness of the conduct are indicative that there is no need for the execution of the sentence.
4. There will be no cases of crimes against the
sexual and reproductive integrity, violence against women or members of the family nucleus.
The judge will point out day and time for a hearing with the intervention of the prosecutor, the sentenced, the public or private defender and the victim of being the case, in which the conditions and form of compliance will be established during the period of the conditional suspension of the sentence. Article 631.-Conditions.- The person sentenced for the duration of the conditional suspension of the sentence shall comply with the following conditions: 1. Reside in a given place or address and report
any change of the to the competent authority which establishes the judgment or judgment.
2. Refrain from frequenting certain places or
people. 3. Do not leave the country without prior authorization from the judge
of prison guarantees. 4. Submit to a medical, psychological or
other nature. 5. Having or exercising work, profession, trade, employment or
voluntarily undertake community work. 6. Attend some educational or training program. 7. Repair the damages or pay a certain sum to the
victim as a comprehensive repair or guarantee their payment properly.
8. Report regularly to the designated authority
by the judge and/or the judge and, where appropriate, accredit compliance with the conditions imposed.
9. Not to be repeat. 10. Do not have a new crime. Article 632.-Control.- The or the penitentiary of the prison guarantees shall be in charge of the control of the fulfilment of the conditions. When the sentenced person fails to comply with any of the conditions imposed or transgresses the agreed term, the prison or the judge will immediately order the execution of the custodial sentence.
Article 633.- Extinction.- Once the sentenced person has complied with the conditions and time limits laid down in the conditional suspension of the sentence, the sentence shall be extinguished, upon termination of the sentence of the Judge of Penitentiary Guarantees.
TITLE VIII SPECIAL PROCEDURES
ONLY CHAPTER
PROCEDURES CLASSES Article 634.-Procedures classes.- The special procedures are: 1. Short procedure 2. Direct procedure 3. Expedited procedure 4. Procedure for the private exercise of the action
criminal.
SECTION FIRST Short Procedure
Article 635.-Rules.- The abbreviated procedure must be substantiated in accordance with the following rules: 1. Sanctioned violations with maximum penalty
freedom for up to ten years, are susceptible to abbreviated procedure.
2. The proposal of the or the prosecutor may be presented from
the arraignment hearing to the trial hearing and evaluation hearing.
3. The person prosecuted must expressly consent to
both the application of this procedure and the admission of the fact attributed to it.
4. The public or private defender will prove that the
processed person has given their consent freely, without violation of their constitutional rights.
5. The existence of multiple people processed does not prevent
the application of the rules of the abbreviated procedure.
6. In no case will the penalty to be applied be higher or
more severe than the one suggested by the prosecutor. Article 636.-Processing.- The tax or the prosecutor shall propose to the person processed and to the public or private defender to avail himself of the abbreviated procedure and to accept the legal qualification of the punishable fact and the penalty. The defence of the person who has been processed will bring to the attention of his or her represented or represented the possibility of submitting to this procedure, explaining in a clear and simple manner what it consists of and the consequences that it entails.
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The suggested penalty will be the result of the analysis of the imputed and accepted facts and the application of extenuating circumstances, as provided for in this Code, without the reduction being less than one third of the minimum penalty provided for in the criminal case. The prosecutor or the prosecutor shall request in writing or orally the submission to the abbreviated procedure to the competent judge, accrediting all the intended requirements, as well as the determination of the agreed reduced penalty. Article 637.-Hearing.- Received the request or the judge, shall convene the procedural subjects within 24 hours, for oral and public hearing, in which it shall be defined whether the abbreviated procedure is accepted or rejected. If accepted, the hearing will be installed immediately and will dictate the conviction sentence. The judge or the judge shall hear the person or the prosecutor and consult the person prosecuted in accordance with the procedure laid down in a free and voluntary manner, explaining in a clear and simple manner the terms and consequences of the agreement. that this could mean you. The victim may attend the hearing and have the right to be heard by the judge or the judge. In the hearing, verified the presence of the procedural subjects, the judge or the judge will grant the word to the prosecutor to present in a clear and precise form the facts of the investigation with the respective legal basis. Subsequently, the word shall be given to the person who is processed to express his acceptance of the procedure. In the event that the application for an abbreviated procedure is presented at the hearing of the qualification of the case, the formulation of the charges or the preparatory hearing, the abbreviated procedure may be adopted at the same hearing, without the purpose is to perform a new one. Article 638.-Resolution.- The or the judge, in the hearing, will dictate its resolution in accordance with the rules of this Code, which will include acceptance of the agreement on the qualification of the punishable fact, the penalty requested by the prosecutor and the integral repair of the victim, if this is the case. Article 639.-Negative acceptance of the agreement.- If the or the judge finds that the abbreviated procedure agreement does not meet the requirements of this Code, which violates the rights of the person prosecuted or the victim, or who It will not be attached to the Constitution and international instruments, it will reject it, and it will order the criminal proceedings to be conducted in an ordinary way. The agreement cannot be tested within the ordinary procedure.
SECTION SECOND DIRECT procedure
Article 640.-Direct procedure.- The direct procedure must be substantiated in accordance with the
provisions that correspond to this Code and the following rules: 1. This procedure concentrates all stages of the
process on a single hearing, which will be governed by the general rules provided for in this Code.
2. It will proceed in the crimes described as flagrant
sanctioned with maximum custodial sentence of up to five years and crimes against property whose amount does not exceed thirty basic wages of the worker in general qualified as flagrant.
Violations against efficient public administration or affecting the interests of the State, crimes against the inviolability of life, integrity and personal liberty shall be excluded from this procedure. result of death, crimes against sexual and reproductive integrity and crimes of violence against women or members of the family core.
3. The criminal warrant judge will be competent to
substantiate and resolve this procedure. 4. Once the flagrancy is qualified, the or the judge
will indicate day and time to hold the hearing of direct judgment within the maximum period of ten days, in which it will dictate a sentence.
5. Up to three days before the hearing, the parties
will make the announcement of written evidence. 6. Considering necessary in a reasoned manner of
trade or at the request of the party or the judge may suspend the course of the hearing for one time, indicating the day and time for its continuation, which may not exceed fifteen days from from the date of its start.
7. In case the person is not present to the
hearing, the judge or the judge may arrange for his arrest with the sole purpose of making him appear exclusively to her. If the stop cannot be executed, it will proceed according to the rules of this Code.
8. The sentence given in this hearing according to
the rules of this Code, is of conviction or ratifications of innocence and may be appealed to the Provincial Court.
SECTION THIRD expeditious procedure
Article 641.-expedited procedure.- The criminal and transit violations will be subject to expedited procedure. The procedure shall be conducted in a single hearing before the competent judge or judge who shall be governed by the general rules provided for in this Code. At the hearing, the victim and the person who is reported if it is appropriate will be able to reach a conciliation, except for the case of violence against women or members of the family. The agreement will be brought to the attention of the judge or the judge to put an end to the process.
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PARAGRAPH 1
Criminal Violation Expedited Procedure Article 642.-Rules.- The expedited procedure Criminal violations shall be substantiated in accordance with the provisions of this Code and the following rules: 1. These violations shall be judged at the request of
party. 2. When the or the contraventions judge reaches
having knowledge that this type of infringement has been committed, it will notify through the respective servers to the or the alleged offender for the judging hearing that it will have be held within a maximum of 10 days, warning that you must exercise your right to the defense.
3. Up to three days before the hearing, the parties
will make the announcement of evidence in writing, except in the case of blatant contraventions.
4. In the event of failure to attend the hearing, the person
prosecuted, the person or the judgment of contravention shall have his or her detention not to exceed twenty-four hours for the sole purpose of appearing.
5. If the victim in the case of violence against the woman and
member of the family core does not appear to the hearing, the hearing will not be suspended and will be carried out with the presence of your public or private defender or defender.
6. If a person is caught committing this kind of
contraventions will be apprehended and brought immediately to the or the judge of contraventions for their judgment. In this case the tests will be announced at the same hearing.
7. If, when judging a violation, the or the judge
finds that this is a crime, it must be inhibited and send the case to the prosecutor or the prosecutor to initiate the investigation.
8. The or the judge will be forced to reject outright
any incident that tends to delay the substantiation of the process.
9. The judgment given in this hearing in accordance with
the rules of this Code, is of conviction or ratification of innocence and may be appealed to the judges of the Provincial Court.
PARAGRAPH SECOND Expedited procedure for contravention against the
woman or members of the family core Article 643.-Rules.- The procedure for judging the criminal violation of violence against women or members of the core family, will be substantiated according to the following rules:
1. The judge or the judge of violence against the woman or members of the family nucleus of the canton where the violation or the domicile of the victim was committed, shall be the competent to know and to resolve the contraventions provided for in this paragraph, without
In the cantons where these judges do not exist, they will know and resolve in the first instance the judge or the judge of the family, woman, childhood and adolescence, or the one of contraventions, in that case. order, according to the Organic Code of the Judicial Function.
2. If the competent judge finds that the act of
violence against women or members of the family core subject to their knowledge constitutes a crime, without prejudice to the imposition of protective measures, it shall be inhibited to continue with the knowledge of the process and send to the prosecutor the file to initiate the investigation, without subjecting the person to be revictimised.
If protective measures have been issued, the same will continue until they are revoked, modified or ratified by the competent criminal guarantee judge.
3. The Public Defender's Office will be required to provide
assistance, advice and procedural follow-up to parties who do not have sufficient resources for sponsorship.
4. They must denounce those who have an obligation to do so
for the express mandate of this Code, without prejudice to the legitimization of the victim or any natural or legal person who knows the facts.
health, who have direct knowledge of the fact, will send to the or the judge prior request, copy of the register of attention.
National Police agents who know of the fact will produce the police and corresponding reports within twenty-four hours of the incident and will appear in a mandatory manner to the
The agents of the National Police are obliged to implement the protective measures, to dispense aid, protect and transport the woman and other victims.
5. The competent judge, when of any
means to know some of the violations of violence against the woman and the family, will immediately proceed to impose one or several measures of protection; to receive the testimony the victim or witnesses and to order the practice of the expert examinations and more probative measures that the case requires, in the event of failure to carry out the latter.
The protective measures shall remain until the competent judge who knows the process, expressly, modifies or revokes them in an audience.
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6. The competent court or judge shall determine in a manner
simultaneous, the corresponding food pension which, for the duration of the protection measure, must satisfy the alleged infringer, considering the subsistence needs of the victims, unless you already have the same.
7. The competent judge or judge will monitor compliance
of the protective measures, using when required by the intervention of the National Police.
In case of non-compliance with the protection measures and the determination of payment of food issued by the competent judge, shall be subject to criminal liability for non-compliance with legitimate decisions of authority and shall require the prosecution to be referred to the prosecution for investigation.
8. Information about the home, place of work,
reception center, center of study of the victim or children under its care, which consists of the process, will be restricted in order to protect the victim.
9. If a person is caught in a blatant act, it will be
apprehended by the law enforcement agents and other individuals identified in this Code, and conducted before the competent judge or judge for their judgment in the the hearing.
If the apprehension is a particular person, it must immediately place the apprehended at the orders of an agent.
10. You may order the break or break
of the doors or locks according to the rules provided for in this Code, when the victim or his or her family members must be recovered, to remove the aggressor from the dwelling or the place where he/she is is held, apply the protective measures, in the event of a flagrant violation or for the alleged infringer to appear for the hearing.
11. When the judge or the judge becomes aware of
that one of the contraventions provided for in this paragraph has been committed, it will notify the respective servers to the or the alleged infringer in order to attend the hearing of the The judgment shall be deemed to have effect, which shall take place within a maximum of 10 days from the date of notification, warning that it must exercise its right to the defence.
The hearing may not be deferred but upon request express and joint of both parties for one time, indicating day and hour for its continuation, which shall not exceed 15 days from the date of its start.
12. The hearing cannot be performed without the presence of the
or the alleged offender or the defender. In this case, the competent judge shall order the arrest of the alleged infringer. The detention will not exceed twenty-four hours, and will have the sole purpose of hearing the hearing.
13. The hearing will be substantiated in accordance with the provisions of this Code.
14. The certificates of honorability or labor
presented by the alleged infringer, must be valued by the judge or the judge.
15. The professionals who act in the offices
techniques of the courts of violence against women and the family do not require testimony in hearing. Their reports will be forwarded to the judge or the judge to incorporate them into the process, and they will be valued at the hearing.
The expert reports may not be used in other processes of different matter that are aimed at revictimization or rights to blame.
16. No new medical expertise will be performed if there are
reports from health or hospital facilities where the victim was treated and accepted by the victim, or those conducted by the technical offices of the courts of violence against women and women. the family.
17. The judge or the judge will resolve in a reasoned manner in the
hearing, orally. 18. The judgment will be reduced in writing with the formalities
and requirements set forth in this Code and the procedural subjects will be notified with it.
19. The deadlines for the challenges run after the
notification and the judgment can be appealed to the competent judge or judge of the respective Provincial Court.
PARAGRAPH SECOND Procedure for contraventions of transit
Article 644.-Start of procedure.- They are subject to expedited procedure for all traffic violations, flagrant or not. The person cited may challenge the transit ticket, within three days of the summons, for which the challenge will present the copy of the ticket to the or the judge of traffic violations, who shall summarily judge in a single hearing convened for the purpose in which the legitimate right of defence shall be given to the offender or the offender. Subpoena ballots that are not contested within the three-day term will be deemed voluntarily accepted and the value of the fines will be cancelled at the regional, municipal and metropolitan GAD collections offices. territorial division, transit agencies or any of the financial institutions authorised for such charges, within 10 days of the issue of the ballot. The quotation mark shall constitute a title of credit for such charges, not requiring the court's judgment.
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The judgment given in this hearing in accordance with the rules of this Code shall be of conviction or ratifications of innocence and may be appealed To the Provincial Court, only if the penalty is a custodial sentence. The voluntary acceptance of the infringement shall not exempt you from the loss of the driving licence points. Article 645.-Contravtions with a custodial sentence.- Whoever is caught in the execution of a violation with a custodial sentence, will be detained and placed at the orders of the judge or the judge of the day, within twenty-four months. the following hours, for judgment in a single hearing where the test will be presented. This hearing shall be attended by the transit agent who apprehends the offender. At the end of the hearing the judgment or judgment shall be delivered by the judgment. Article 646.-Enforcement of sanctions.- For the execution of penalties for traffic violations that do not involve a custodial sentence, regional, municipal and metropolitan GAD shall be competent in the district. territory where the violation has been committed, when they assume jurisdiction and the Ecuador Transit Commission in their respective jurisdiction.
SECTION FOURTH Procedure for the private exercise of the action
penalty Article 647.-Rules.- The procedure for private exercise of the criminal action shall be substantiated in accordance with the following rules: 1. Who is accused of a crime of private exercise of the
criminal action, must propose the complaint by itself or by proxy or special proxy before the judge or the judge criminal guarantees.
2. The complaint shall be filed in writing and shall contain: (a) Names, surnames, home address and number
of citizenship or identity card, or passport of the person or the plaintiff.
b) The name and surname of the person or the complaint and if
possible, your home address. (c) The determination of the offence against which he is accused. d) The circumstantial relationship of the infringement, with
determination of the place and the date on which it was committed. e) The protest to formalize the complaint. f) The signature of the kerellant or his/her proxy or
proxy with special power which shall be accompanied. The power will contain the precise designation of the complaint or the complaint and the full relation of the infringement that is required.
g) If the plaintiff or the plaintiff does not know or cannot sign, he or she will personally present to the judge and/or the judge. presence stamps its fingerprint.
3. The plaintiff or the plaintiff will personally present to the or
the judge, in order to recognize her complaint. 4. In the processes that this Section is dealing with will not be ordered
precautionary measures and may conclude by abandonment, withdrawal, remission or any other form permitted by this Code.
Article 648.-Citation and response.- The or the judge shall examine the requirements of the charge in accordance with the rules laid down in this Code. If the complaint is filed, it will be cited with the same or the complaint; if the domicile is not known, the summons will be made by the press, in accordance with the applicable regulations. The ballot or the publication shall contain the prevention of the designation of a public or private defender and of indicating box or judicial or electronic address for the notifications. The complaint or the complaint will be answered within ten days. Once it has been answered, the judge or the judge will allow a period of six days for the parties to present and request documentary evidence, request expert opinions and announce the witnesses to appear in the hearing. Article 649.-Hearing of conciliation and judgment.- Once the deadline for the submission of the documentary evidence and the annunciation of witnesses or experts is concluded, the judge or the judge shall indicate the day and time for the final hearing, in which the The complainant and the complainant will be able to arrive at a conciliation. The agreement will be brought to the attention of the judge to put an end to the process. The hearing will be conducted in accordance with the following rules: 1. If the reconciliation is not achieved, the
hearing will be continued and the complainant will formalize his or her complaint, the public or private defender will present the witnesses and Previously announced experts, who will answer the questioning and cross-examination.
2. The or the judge may request explanations from the
declarants to have a clear understanding of what they say.
3. Then the complaint or the complaint or the private public defender or
will proceed in the same way with its witnesses and evidence.
4. Then the debate will start by granting the
word, in the first place to the one or the querellant, and then to the query or the query, guaranteeing the right to replicate for the parties.
5. If the or the query does not go to the audience,
will continue with it in its absence. 6. After the debate, the judge or the judge will release his
statement following the rules of this Code.
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7. The judgment or judgment in this class of
procedure, shall be declared as the case, if the complaint has been reckless or malicious.
8. The person convicted of recklessness will pay the costs
procedural, as well as the corresponding comprehensive repair.
9. In the event that the or the judge qualifies
malicious, the or the complaint may initiate the corresponding criminal action.
Article 650.-Unjustified inassistance.- If the plaintiff or the plaintiff does not attend in an unjustified manner the hearing, the court or the judge, of its own motion shall declare the complaint to be deserted with the same effects of abandonment, without prejudice to the fact that it is malicious or reckless. Article 651.-Disappearance or abandonment.- In the crimes in which the private exercise of the action proceeds, the complaint shall be deemed to be abandoned if the plaintiff or the plaintiff ceases to promote it for thirty days, counted since the last request or a claim that has been submitted to the or the judge, with the exception of cases where the state of the process no longer needs the expression of will of the plaintiff or the plaintiff. The court or the judge shall declare the complaint abandoned only at the request of the complaint or the complaint. Declared the abandonment the or the judge will have the obligation to qualify on their opportunity, if the complaint has been malicious or reckless.
TITLE IX IMPEACHMENT AND RESOURCES
CHAPTER FIRST
CHALLENGE Article 652.-General Rules.- The challenge shall be governed by the following rules: 1. Final judgments, resolutions or orders shall be
impeachable only in the cases and forms expressly determined in this Code.
2. Who has filed a resource, may desist from it.
The public or private defender may not give up the resources without the express command of the person processed.
3. The resources will be resolved to the same audience in
that are based. 4. An appeal shall be granted to the parties
to be brought before the Court of Appeal. 5. When multiple persons are present in a process
, the action brought by one of them will benefit the others, provided that the decision is not based solely on personal reasons. This benefit will be enforceable even if it mediates executed sentence that will declare guilt.
6. The interposition of a resource will suspend the execution
of the decision, with the caveats provided for in this Code.
7. The court of law, when hearing the challenge of a sanction, will not worsen the legal situation of the sentenced person when the only appellant is.
8. Failure to appear one or more recurring to
the hearing will result in a declaration of the abandonment of the resource in respect of the absent and the hearing will continue in relation to those present.
9. In case the appellant does not base the resource,
its withdrawal will be understood. 10. If at the time of resolving an appeal, the judge or judge
observes that there is a cause which vitiates the procedure, it shall be obliged to declare, on its own initiative or at the request of a party, the nullity of the process from the time the proceedings are taken nullity at the expense of the server or party that causes it. There will be a declaration of nullity, only if the cause that causes it has influence on the decision of the process.
For the purposes of this numeral, it will be causes that you see the procedure:
a) The lack of competence of the or the judge, when
cannot be remedied with the inhibition. b) When the statement does not meet the requirements
set forth in this Code. c) When there is a violation of processing, provided that
leads to a violation of the right to the defense.
CHAPTER SECOND APPEAL OF APPEAL
Article 653.-Source.- The appeal will proceed in the The following cases: 1. Of the resolution declaring the prescription of the
exercise of the action or penalty. 2. Of the order of nullity. 3. Of the order of dismissal, if there was a tax charge. 4. Of the judgments. 5. Of the resolution granting or denying the remand
provided that this decision has been given in the formulation of charges or during the tax instruction.
Article 654.-Processing.- The appeal may be filed. to be brought in by the procedural subjects, in accordance with the following rules: 1. It shall be brought before the court or tribunal within
of the three days of notification of the order or judgment. 2. The judgment or tribunal shall decide upon the admission
of the appeal within three days from its interposition.
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3. If the procedure is accepted, the court or
court willthe proceedings to the Chamber within three days of the decision being made to grant it.
4. Received the file, the court's respective room,
will summon the procedural subjects to a hearing, within five days following receipt of the file, to substantiate the appeal and to expose its claims.
5. The or the appellant will intervene first and then the
counterpart. There is place for replication and counter-replication. 6. Finished the debate, the room will proceed to the deliberation
and in merit of the grounds and arguments expounded, announces its resolution in the same audience.
7. The reasoned resolution must be expressed and reduced to
written and notified within three days of being announced at the hearing.
8. In the case of a Provincial or National Court jurisdiction,
the respective room shall proceed in the manner indicated in the preceding paragraphs.
Article 655.-Confirmation by the Ministry of Law.- If the respective Chamber does not resolve the appeal of the order of withdrawal, within the maximum period of 60 days from the date of receipt of the process, it shall be confirmed in all its parts, without prejudice to the Council of the Judicature initiating the corresponding disciplinary action.
CHAPTER THIRD APPEAL
Item 656.-Source.- The appeal is a matter of jurisdiction of the National Court of Justice and shall proceed against the judgments, where the law has been violated, by expressly contravening its text, either by having made an undue application of it, or by having it wrongly interpreted. The resources containing orders for the review of the facts of the case, or for any further assessment of the test, are not admissible. Article 657.-Processing.- The appeal may be brought by the procedural subjects, in accordance with the following rules: 1. Within the five working days counted from the
notification of the judgment. The judge will forward the process to the National Court of Justice, within three working days, once the providence that grants it has been executed.
2. The court appointed by lot, within the deadline of
three days will convene a hearing. If the resource is rejected, it will order its return to the origin judge or judge. Of these decisions, there is no resource.
3. The appeal shall be substantiated and shall be settled in a hearing to be held within five days from the call. The appellant shall substantiate his claim and the other procedural subjects shall speak about it.
4. The action brought by the prosecutor or the prosecutor will
based on the hearing or the Attorney General of the State or its delegate or delegate.
5. If the appeal is considered, it will be delivered
judgment amending the violation of the law. If it is to be estimated, it will be declared in judgment.
6. If it is observed that the sentence has violated the law,
even if the appellant's foundation is wrong, it will be admitted to the court.
7. The statement is reported within three days of
the hearing is complete. 8. The process will be returned to the or the judging or court
respective for the execution of the statement.
CHAPTER FOURTH Review Resource
Article 658.-Provenance.- The review facility may be proposed in any time, before the National Court of Justice, after the conviction for one of the following causes: 1. If the existence of the person who is
is proven to be dead. 2. If there are, simultaneously, two sentences
condemning the same violation against several sentenced persons who, for being contradictory, disclose that one of them is wrong.
3. If the statement was dictated by document or
false witnesses or malicious or malicious reports.
The review may be declared only by virtue of new evidence demonstrating the failure of the statement Contested. The testimony of the persons declaring at the hearing shall not be admissible. The interposition of this resource does not suspend the execution of the statement. Article 659.-Appellant.- The review appeal may be brought by the convicted person, by any person or by the person or by the same judge, if the person who was believed to be dead appears or is presented with evidence to justify their existence, after the date of the case of the alleged offence.
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In other cases, only the person convicted and if deceased may be brought by their spouse, their partner in fact, their children, their relatives or heirs. The application or the inclusion of new evidence shall be based on the application or the inclusion of new evidence, the contrary shall be declared inadmissible and shall be rejected without a new one for the same reason. Where the withdrawal of the appeal has been declared, a new one may not be admitted for the same reasons. Item 660.-Processing.- The review facility must be processed in accordance with the following rules: 1. Received the file, within the maximum period of five
days, the parties will be informed of the receipt of the process and the The same providence will be pointed to day and time when the hearing will be held.
2. If the review is of a judgment given in a process
of public exercise of the action, the intervention of the State Attorney General, or its delegate or delegate, shall be counted.
3. In the hearing, the procedural subjects will expose their
fundamentals and practice the requested evidence. The resolution will be announced at the same hearing, and must be notified within three days.
4. Rejection of the review will not prevent you from
proposing a new one, based on a different cause.
CHAPTER FIFTH RESOURCE IN FACT
Article 661.-Provenance and Processing.- The resource in fact is grant when the judgment or tribunal denies the resources in a timely manner and that they are expressly determined in this Code, within three days of the notification of the order to deny it in accordance with the following rules: 1. Interposition the resource, the judge or tribunal,
will forward the process to the superior without any process. The superior shall convene a hearing to learn about the source of the appeal. If accepted, the illegally denied resource will be treated.
2. The respective Court, in accepting the action in fact,
will communicate to the Council of the Judiciary to sanction the judge or tribunal that illegally denies the appeal.
3. If the action has been infundently
filed, the respective Court, will communicate to the Council of the Judicature to sanction the attorney or advocate sponsor of the appellant; and the periods of limitation of the action will be suspended and preventive prison expiration.
TITLE X ALTERNATIVE SOLUTION MECHANISM
CONFLICTS
CHAPTER FIRST GENERAL RULES
Article 662.-General rules.- The alternative method of conflict resolution shall be governed by the general principles set out in this Code and in The following rules: 1. Free and voluntary consent of the victim, of the
processed. Both the victim and the defendant may withdraw this consent at any time from the action.
2. The agreements to be reached must contain
reasonable and proportionate obligations with the damage caused and the infringement.
3. Processing participation cannot be used
as proof of admission of guilt into subsequent legal proceedings.
4. Failure to comply with an agreement may not be
used as the basis for a conviction or for the aggravation of the penalty.
5. Facilitators must perform their functions of
impartial and ensure that the victim and the defendant act with mutual respect.
6. The victim and the defendant will have the right to consult
to one or a public or private defender.
CHAPTER SECOND RECONCILIATION
Article 663.-Reconciliation.- The reconciliation may be presented before the conclusion of the stage of tax instruction in the following cases: 1. Punishable offences with maximum custodial sentence of
Freedom of up to five years. 2. Traffic offences that do not result in death. 3. Crimes against property whose amount does not exceed
thirty unified basic wages of the worker in general.
Violations against the efficient public administration or affecting the public are excluded from this procedure. State interests, crimes against the inviolability of life, integrity and personal liberty with the result of death, crimes against sexual and reproductive integrity and crimes of violence against women or members of the family nucleus. Article 664.-Principles.- The conciliation shall be governed by the principles of voluntary parties, confidentiality, flexibility, neutrality, impartiality, fairness, legality and honesty.
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Article 665.-General Rules.- The reconciliation shall be substantiated in accordance with the following rules: 1. The victim and the person under investigation or processed
will present to the or the prosecutor the written request for reconciliation that the agreements will contain.
2. If the reconciliation order is made in the
investigation phase, the prosecutor or the prosecutor will perform a record in which the agreement will be established and its terms and conditions and suspend its action until the agreement is satisfied. Once the agreement has been fulfilled, the investigation will be filed in accordance with the rules of this Code.
3. If the investigation breaches any of the
terms of the agreement or transgresses the agreed terms, the prosecutor will revoke the reconciliation act and continue its action.
4. If the reconciliation order is performed at the
instruction stage, the prosecutor or the prosecutor without further processing, you will ask the or the judge for the call to a hearing in which you will listen to the parties and approve the reconciliation. In the resolution approving the agreement, it will order the suspension of the process until the agreement is complied with and the lifting of the precautionary or protective measures if they were issued.
5. If the agreement is fulfilled, the judge will declare the
extinction of the exercise of the criminal action. 6. When the person prosecuted does not comply with any of
the terms of the agreement or transgresses the agreed terms, at the request of the prosecutor or the victim, the judge or the judge will convene a hearing in which the non-compliance will be discussed. the recall of the resolution of reconciliation and the suspension of the procedure.
7. If, in the hearing, the judge or the judge arrives
to the conviction that there is an unjustified breach and that it warrants leaving the agreement without effect, it will revoke it, and order that the process be continued in accordance with the rules of the ordinary procedure.
8. The maximum time to comply with the
reconciliation agreements will be one hundred and eighty days. 9. During the time period for the compliance of the agreements
the time imputable to the prescription of the exercise of the criminal action and the deadlines for the duration of the corresponding procedural step shall be suspended.
10. No extension of the term to comply with the
agreement will be accepted. 11. Revoked the reconciliation act or resolution will not be able
to grant it again.
THIRD EXECUTION BOOK
TITLE I
COMPETENT ORGANS
CHAPTER FIRST JUDGES AND JUDGES OF GUARANTEES
PENITENTIARY Article 666.-Competition.- In localities where there is a detention center there will be at least one prison warrant. The execution of penalties and precautionary measures shall be the responsibility of the Technical Body in charge of the Social Rehabilitation System, under the supervision and supervision of the prison guarantee judges.
SECTION UNICA Execution of the penalty
Article 667.-Computation of the penalty.- The or the corrections judge will perform the computation and determine exactly the date on which the conviction will end and, according to the case, the date from which the authority competent of the centre or the person sentenced, may apply for a change of rehabilitation scheme social. For such computation, the time taken into account shall be taken into account when the sentenced person is effectively deprived of his or her liberty. The resolution will be sent to the center of deprivation of liberty in which the private person of liberty is found. The person or the prosecutor, the person sentenced or the human rights defender or the human rights defender shall be notified of any objection to the calculation within five days of the notification. The computation will be reformed when an error or new circumstances are checked. If the sentenced person is at liberty and the conditional suspension of the execution of the sentence is not applicable, the Judge or Judge of Penitentiary Guarantees shall immediately order their detention in a detention center. Article 668.-Different place.- The private person of liberty may appeal the decision of transfer ordered or denied by the Technical Agency to the Judge of Penitentiary Guarantees for any of the following causes: 1. Closeness family. 2. A disease of catastrophic illness, involving
danger to your life or permanent disability. 3. Need for psychiatric treatment, prior to
technical evaluation of an expert. 4. Security of the private person of liberty or of the
center.
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5. Crowded conditions at the center. In the event of a refusal, he may appeal to the superior. Article 669.-Surveillance and control.- The or the judge of prison guarantees shall carry out at least one monthly inspection of the centers of deprivation of liberty in order to ensure adequate compliance with the conviction and the rights of the people who are deprived of freedom. He may order the appearance before him of the persons deprived of liberty for surveillance and control purposes. Where for reasons of illness a person deprived of liberty is transferred to a public health unit, he shall be entitled to a visit where he is. A record shall be made on the visits made by the Judge or Judge of Penitentiary Guarantees. When you or the judge of prison guarantees make the visits to the centers of deprivation of liberty, you will order what you deem appropriate to prevent or correct the irregularities that you observe. Article 670.-Procedure.- The processing of the incidents relating to the execution of the sentence is oral and public, for which the parties will be notified and the necessary witnesses and experts will be quoted to inform the audience. The appeal shall be lodged against the decision. The private person or his or her defender or defender may submit any request, complaint or complaint relating to the execution of the sentence or the violation of his rights. In such cases, the administrative authority shall send the file of the private person of liberty to the Judge or Judge of Prison Guarantees. For the conduct of the hearing, the rules provided for in Article 563 of this Code shall apply. Article 671.-Issuance of the Offended Person.- In the cases of referral referred to in this Code, the Judge or Judge of Penitentiary Guarantees shall order the person's freedom.
CHAPTER SECOND NATIONAL SYSTEM OF REHABILITATION
SOCIAL Article 672.-National System of Social Rehabilitation.- It is the set of principles, norms, policies of institutions, programs and processes that interrelate and interact in a way integral, for criminal enforcement. Article 673.-Purpose.- The System has the following purposes: 1. The protection of the rights of private persons
of liberty, with attention to their special needs.
2. The development of the capabilities of people deprived of liberty to exercise their rights and fulfill their responsibilities by fully recovering their freedom.
3. The integral rehabilitation of the private persons of
freedom, in the fulfillment of their condemnation. 4. Social and economic reinsertion of people
deprived of liberty. The other recognized in the international instruments ratified by the State. Article 674.-Technical Body.- The system will ensure that its purposes are met by a Technical Body whose powers are: 1. Evaluate the effectiveness and efficiency of the policies of the
System. 2. Administer the centers of deprivation of liberty. 3. Set the compliance standards for the purposes of the
System. The development of these privileges will be included in the regulation of the National System of Social Rehabilitation. The Technical Agency will have personnel specialized in rehabilitation and reinsertion of persons deprived of liberty. The President or the President of the Republic shall appoint the Minister or Minister of State who shall preside over the Agency. Article 675.-Directory.- The Directory of the Technical Body will be integrated by the ministers or their delegates in charge of the subjects of justice and human rights, public health, industrial relations, education, economic inclusion and social, culture, sport and the Ombudsman. The President or the President of the Republic shall appoint the Minister or Minister of State who shall preside over it. The Directory may invite professionals from the Technical Body trained in such areas as: psychology, law, sociology or social work and other specialties who will advise you in the branch of your skills, will have a voice, but do not vote. The Directory of the Technical Body aims to determine and apply the policies of integral care of persons deprived of liberty; to comply with the purposes of the Social Rehabilitation System and other privileges provided for in the respective Regulation. Article 676.-Responsibility of the State.- Private persons of liberty are in the custody of the State. The State shall respond to the actions or omissions of its servants or servants who violate the rights of persons deprived of liberty.
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Article 677.-Center for prison training and training.- The prison training and training center will be run and regulated. by the Technical Body. Their roles will be: 1. Develop and implement the training and training plan
for those aspiring to be integrated as staff in the service of the prison system.
2. Select, train, and qualify the and aspiring
s as staff serving the prison system.
3. Improve, update, promote and evaluate in a way
constant, the staff of the centers of deprivation of liberty, in any of the prison areas.
TITLE II CENTERS OF DEPRIVATION OF LIBERTY
Article 678.-Centers for deprivation of liberty.- Personal protective measures, custodial sentences and awards, shall be served in the detention centers, which are classified as: 1. Centers of provisional deprivation of liberty, in which
private persons shall be held preemptively of liberty by virtue of a precautionary measure or a prize imposed by a competent judge, who shall be treated by applying the principle of innocence.
In case a person who has been imposed a precautionary measure of liberty and who for the offence committed reveals that this is a person of extreme danger, in order to protect the safety of the centre and of the other persons deprived of liberty, their internment may be arranged in another centre which it provides The necessary assurances.
These centers will have a section for people apprehended by flagrancy.
2. Social rehabilitation centers, in which
remain the people who will be given a penalty by a damning sentence executed.
Freedom deprivation centers will have the infrastructure and the spaces necessary for the fulfilment of the purposes of the Social Rehabilitation System, suitable for the development of the activities and programmes provided by the competent body. Article 679.-Income.- A detained person may only enter a detention center with a competent authority. In the case of the apprehension, the facts and circumstances that motivated it must be recorded. The deprivation of liberty, in this case, will not exceed twenty-four hours.
Failure to comply with these obligations will cause the imposition of the maximum administrative penalty provided for by law to the responsible server, without prejudice to the Criminal or civil liability. Article 680.-Organization and operation.- The functional organic structure of each center of deprivation of liberty will be developed in the respective regulation. Article 681.-Compulsory registration of persons deprived of liberty.- In all centers of deprivation of liberty, a record of each person is taken to facilitate the specialized treatment of rehabilitation and reinsertion. His death will be recorded, leaving the death record. Article 682.-Separation.- In the centers of deprivation of liberty, persons shall be separated as follows: 1. Sentenced to custodial sentences, of the
that have a precautionary measure or personal award. 2. Women of men. 3. Those that manifest violent behavior of the
others. 4. Those who need priority attention from others. 5. Private persons for transit offences, from the
private " for other crimes. 6. The private persons who are part of the system
national of protection and assistance to victims, witnesses and other participants in the criminal proceedings, of the others.
7. The private persons for violations, of the
persons deprived of liberty for crimes. Article 683.-Mandatory health examination.- Every person shall undergo a medical examination prior to their entry into the centres of deprivation of liberty and shall be provided with care and treatment. This test will be carried out in a public health unit. If the person shows signs that he or she is presumed to have been subjected to torture, cruel, inhuman or degrading treatment, the health professional or health professional who carries out the examination shall inform the competent authority of the centre, who shall present the denunciation, accompanied by the medical examination, to the Prosecutor's Office. Article 684.-Facilities.- The centers of deprivation of liberty will have the necessary infrastructure and spaces for the fulfillment of the objectives of the National System of Social Rehabilitation. Article 685.-Internal and perimeter security of detention centers.- The internal security of the centers of deprivation of liberty is the competence of the prison security corps.
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Perimeter security is the competence of the National Police. Article 686.-Supervision and surveillance.- Las or the servers responsible for the penitentiary security and custody of persons deprived of liberty, inside or outside the center, may resort to the techniques of progressive use of force for suffocating or containing and preventing leakage. The use of force and instruments of coercion shall be assessed by the Technical Body. In the event of an extradition, the respective file shall be forwarded to the Office of the Prosecutor General. Article 687.-Address.- The management, administration and operation of the detention centers shall be in charge of the designated competent authority.
TITLE III REGIME OF NON-PROPRIETARY PENALTIES
FREEDOM Article 688.-Body in charge.- The Technical Body is responsible for the administration, execution and verification of non-custodial measures and penalties. It will also coordinate with the various public sector entities. Article 689.-Incompliance and sanctions.- The body responsible for implementing the measure or non-custodial sentence shall provide the necessary means to ensure compliance. Failure to comply with this provision will be sanctioned by criminal, civil and administratively.
TITLE IV PRECAUTIONARY MEASURES
PERSONAL AND SOCIAL REHABILITATION
CHAPTER FIRST PRECAUTIONARY MEASURES REGIME
Article 690.-Occupational regime of persons deprived of liberty.- Educational, cultural, social, occupational training and comprehensive health activities aim to develop skills and skills of the persons deprived of their liberty, by reason of a precautionary measure or personal award. The competent authority of the centre shall promote its own occupational initiatives. Article 691.-Place of compliance.- Persons subject to a precautionary measure of liberty shall remain in the center of provisional deprivation of liberty from the jurisdiction of the judge who knows the cause. The competent authority of the centre may arrange for the transfer of the private person of liberty for the following reasons: 1. To ensure their safety or that of the centre.
2. Because of catastrophic illness, which is life-threatening or permanent disability.
3. Due to the need for psychiatric treatment, prior to
technical evaluation of an expert. The transfer shall be communicated immediately to the person or to the judge who knows the cause. The private person of liberty will be able to challenge the move decision to the or the judge of the cause.
CHAPTER SECOND GENERAL REHABILITATION REGIME
SOCIAL Article 692.-Fases of the regime.- Social rehabilitation shall be composed of the following stages: 1. Information and diagnosis of the private person of the
freedom: it is the phase of comprehensive care in which all the information that serves to guide its permanence and exit from the center of deprivation of liberty is collected, through the execution of an individualized plan for the fulfillment of the penalty, the observation, assessment, classification and location of the private person of liberty.
2. Personalized integral development: in this phase of the
model of comprehensive care is executed the individualized plan of fulfillment of the penalty of the private person of the freedom through the monitoring and periodic evaluation of the programs family, psychological, educational, cultural, labor, productive, social, health, and others deemed necessary.
3. Social inclusion: is the phase of the model of care
integral in which, after evaluation of the fulfillment of the individualized plan of the requirements previewed in the respective regulations and of the respect to the disciplinary norms, carried out by The Technical Agency, persons deprived of liberty may be included in the society in a progressive manner.
4. Support for liberated: it is the phase of the model of care
integral that consists of a series of actions aimed at facilitating the social and family inclusion of the people who after having remained in the centers of deprivation of liberty, reintegrate the society, in accordance with the provisions of the respective regulations.
For the implementation of the phases of the model of comprehensive care to persons deprived of liberty, the human resources, the infrastructure and the the equipment required for proper operation.
SECTION FIRST Location Private people of
freedom Article 693.-Place of penalty.- People will serve the custodial sentence in one of the licensed deprivation centers and
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arranged by the Technical Body, in accordance with the court decision. Article 694.-Safety levels.- For the location of the population and the treatment of persons deprived of liberty in the centers of deprivation of liberty, the following levels of security shall be considered: 1. Maximum security 2. Media security 3. Minimum security The characteristics of each level of security will be provided for in the National System of Social Rehabilitation regulation.
SECTION SECOND Progression in social rehabilitation centers
Article 695.-System of progressiveness.- The execution of the penalty will be governed by the System of progressiveness that contemplates the different social rehabilitation regimes until the complete recovery of the private person from the freedom to the society. Article 696.-Social rehabilitation schemes.- The schemes are: 1. Closed. 2. Semiopen. 3. Open. A person deprived of liberty may be transferred from one regime to another because of compliance with the individual plan, the requirements laid down in the respective regulations and respect for disciplinary rules. The competent authority in charge of the centre shall request the imposition or change of the regime or the private person of liberty to be directly required by the competent authority or the judge for a prison guarantee when it meets the requirements laid down in the the respective regulations and the authority has not requested it. Article 697.-Closed Regime.- It is the period of compliance with the penalty that will be initiated from the entry of the sentenced person to one of the centers of deprivation of liberty. In this regime, the location of the population will be carried out, the elaboration of the individualized plan for the fulfillment of the penalty and its execution. Article 698.-Semi-Open Regime.- It is the social rehabilitation process of the or the sentenced person who complies with the requirements and norms of the progressive system to develop their activity outside the center of execution of penalties controlled by the Technical Body. The Judge or Judge of Penitentiary Guarantees will have the use of the electronic surveillance device.
Family, work, social and community insertion activities will be carried out. To access this regime requires compliance with at least sixty percent of the penalty imposed. In the event of unjustified failure of the control mechanisms by the beneficiary of this regime, without sufficient and proven justification, the Judge or Judge of Penitentiary Guarantees will revoke the benefit and declare the person of freedom, in the condition of absconding. Article 699.-Open system.-The of rehabilitation for the inclusion and social reintegration of the private person of liberty, in which he lives in his or her social environment supervised by the Agency, is understood by open system. Technical. To access this regime requires compliance with at least eighty percent of the penalty. Persons deprived of liberty who have absconded or attempted to abscond may not be granted access to this scheme, or those sanctioned with the repeal of the semi-open scheme. The Judge or Judge of Prison Guarantees shall have the use of the electronic surveillance device. At this stage, the beneficiary shall submit periodically to the judge or to the judge. In the event of unjustified non-compliance with the control mechanisms by the beneficiary of this regime, the judge or the judge of prison guarantees shall revoke this benefit and declare the person deprived of liberty in the condition of absconding. Once the sentence has been completed, the judge will have the immediate withdrawal of the electronic device. Article 700.-Assistance to the fulfillment of the penalty.- The Social Rehabilitation System will provide social and psychological assistance during and after the execution of the penalty. The State, through the relevant ministries, shall regulate the specific purposes and promote the employment inclusion of persons deprived of liberty in order to provide the persons who have served the sentence and recovered their freedom,
SECTION 3 Treatment
Article 701.-Treatment of treatment.- The treatment of persons deprived of liberty, with a view to their rehabilitation and social reintegration, will be based on in the following axes: 1. Labour 2. Education, culture and sport 3. Health
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4. Family and social bonding 5. Reinsertion The development of each of these treatment axes will be determined in the regulation of the National System of Social Rehabilitation. Article 702.-Work axis.- The work is a fundamental element of the treatment. It shall not be of an afflictive nature and shall not apply as a correction measure. Article 703.-Remuneration.- All employment activities carried out by the person deprived of liberty shall be remunerated in accordance with the law, unless the work is related to the activities of grooming and the preservation of the physical space personnel. The remuneration of the work of the private freedom is deducted by the contributions corresponding to the social security and is distributed simultaneously in the following form: ten percent to indemnify the damages caused by the infringement According to the judgment, thirty-five percent for the provision of food and care for the needs of family members; twenty-five percent to acquire consumer and personal use items; and, the last thirty percent to form a own fund to be delivered on your way out. The product of the work of persons deprived of liberty shall not be the subject of an embargo, abduction or detention, except for the exceptions provided for in the law. Article 704.-Axis of education, culture and sport.- Educational activities will be organized according to the official system. The levels of initial, basic and secondary education are compulsory for all persons deprived of liberty who have not previously approved these levels. The national education system is responsible for the provision of educational services within the centres of deprivation of liberty. The Social Rehabilitation System will promote higher education and technical education through the subscription of agreements with public or private institutes or universities. The conventions shall ensure that teaching is carried out in the conditions and with the rigour and quality inherent in such studies, adapting, in what is necessary, the pedagogical methodology to the circumstances of the deprivation regimes. of freedom. The administration of the center will promote the maximum participation of the private persons of freedom in cultural, sports and other activities of support that are programmed. Article 705.-Health Axis.- Health care will be integral and geared towards prevention and cure. The centers of deprivation of liberty will provide programs of prevention, treatment and rehabilitation to casual, habitual and problematic consumers in places appropriate to this effect.
The national health system will be the responsible for the health care and the pharmaceutical and complementary benefits derived from this care. The quality of services will be equivalent to the quality of the population as a whole and will consider the specific conditions of the private population groups of freedom. Article 706.-Family and social bonding axis.- The family and social bonding of people deprived of liberty will be promoted, strengthening their family core and social relations. Article 707.-Reinsertion axis.- The semi-open and open systems of execution of the penalty will be controlled in order to generate self-confidence and autonomy of the people to allow them an optimal rehabilitation. During the year following their release, the necessary support will be given to the person released for reinstatement to society, their reintegration into work, and the prevention of recidivism. Article 708.-Individual penalty compliance plan.- For the purposes of the treatment of persons deprived of liberty, an individualized plan for the fulfillment of the penalty, consisting of a set of goals and actions, will be developed. This is the case with the person, who leads them to overcome the problems of exclusion and deficiencies that influence the crime. Its objective is the reintegration and personal and social development of the private person of freedom. The individual penalty compliance plan will be drawn up on the basis of the regulation. Article 709.-Programs.- The programs will be carried out in the centers of deprivation of liberty and will be included in the individualized plan of fulfillment of the penalty, in accordance with the criminological study carried out by the respective area. Article 710.-Treatment programs for priority care groups.- Older adults, pregnant women, people with disabilities, people with catastrophic illnesses, will have specific programs that address their needs, in deprivation of liberty. Article 711.-Registration of program activities.- Each center of deprivation of liberty shall keep a record of the activities that the private person of liberty carries out and their progress. This shall include the reports of professionals from the technical department on the assessment of capacity building, results, observations and recommendations and shall be submitted every six months to the competent authority of the centre. The information in the register will serve as a fundamental basis for the use of the semi-open or open systems. Article 712.-Certification.- At the end of each cycle in the execution of the programs, a certificate will be issued that guarantees the development of the abilities of the private person of freedom.
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Certificates will not refer to the circumstance of having been obtained in deprivation of liberty.
CHAPTER THIRD REGIME OF VISITS
Article 713.-Family and social relations.- In order to strengthen or restore relations with the family and the community, a visitation regime will be guaranteed for the private person of liberty. Article 714.-Authorized visits.- The private person of liberty may refuse to receive certain visits, for which he will give to the administration of the center a list of persons not authorized to visit, susceptible to modified at any time. Article 715.-Characteristics of the visitation regime.- Visits shall be carried out in an atmosphere that allows privacy and privacy and in accordance with human dignity; in places and conditions that guarantee the safety of persons and center. This right shall be exercised on an equal footing, without discrimination. Article 716.-Communication and dissemination.- The administration of the detention centre will inform private persons of freedom and visits, the provisions governing the regime of visits. Article 717.-Schedule of visits.- Private persons of liberty shall receive visits at the time of the schedules provided for in the respective Regulations. Visits by public or private defenders may be carried out on any day of the week in the hours established. Night visits are prohibited. Article 718.-Income of illegal objects.- When a person is discovered entering with weapons of any kind, alcoholic beverages, narcotic or psychotropic substances, telephones or communication equipment or any instrument To guard against the security and peace of the center of deprivation of liberty, will be stopped and placed at the orders of the authorities concerned.
CHAPTER FOURTH DISCIPLINARY REGIME FOR PEOPLE
DEPRIVED OF LIBERTY Article 719.-Purpose.- The disciplinary regime is intended to guarantee respect for the rights of persons deprived of liberty, harmonious coexistence, the security of institutions and the effective enforcement of penalties and precautionary measures. Disciplinary sanctions are provided for in this Book. The disciplinary authority in the centres corresponds to the competent authority of the centre, with strict subjection to the Constitution and the law. Article 720.-Preventive security.- The persons responsible for the safety of the centres may take urgent measures to prevent or prevent disciplinary offences
must be immediately communicated to the authority. competent for the centre as appropriate. Where a riot or a serious disturbance of the order occurs in a centre of deprivation of liberty, the competent authority of the centre shall, if necessary, request the intervention of the public force to the extent and the time necessary for the restoration of order. Article 721.-Disciplinary Officers.- The disciplinary offences are classified as minor, serious and very serious. Article 722.-Mild Flows.- Cometen minor faults persons deprived of liberty who incur any of the following acts: 1. Deliberately put at risk their own safety,
that of other persons or that of the center. 2. Disobey orders and provisions of the authority
of the center, which are framed in the Constitution, in the law and in the respective regulations.
3. Inobserving order and discipline in activities
social, cultural, religious, sports, while visiting and in the periods of feeding in the centers.
4. Breach established schedules. 5. Interfere or hinder the count of people
deprived of liberty. 6. Remain and transit without authorization to places
considered as the areas of security and administration of the center.
7. Neglecting the toilet of the cell that it occupies, refusing to
collaborate with the grooming and maintenance of pavilions, sanitary services, toilets, pipes, workshops, classrooms, patios and the center in general.
8. Dump garbage out of the intended sites for your
collection. 9. Deliberately perform actions that attack
the healthiness of the center. 10. Poseer animals in the center. Article 723.-Serious high-ups.- Cometen serious misconduct persons deprived of liberty who incur any of the following acts: 1. Disobey the safety standards of the center. 2. Prevent or seek to prevent by any means that
persons deprived of liberty carry out work, educational, health, social, cultural or religious activities.
3. Participate in fights or squabbles.
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4. Hinder or prevent requisitions from being performed on
the center. 5. Launch dangerous objects. 6. Obstructing locks. 7. Make unauthorized electrical, sanitary and water connections
8. Buy or sell goods whose provenance is not
legally justified. 9. Cause or instigate collective disorders,
mutinings or other events affecting the security of the center.
10. Breach the internal regulations and regulations of the
center. 11. Possess and use tools, tools, or
work tools to engage in activities that contravene regulations.
Article 724.-Very very serious.- Cometen faults gravimísimas las personas privas de libertad que they incur any of the following acts: 1. Porting or making master keys or ganzas. 2. To attack the transportation and service media
core of the center. 3. Carry out excavations, open pits, holes or tunnels. 4. Drag or sell cells, physical spaces,
machineries, tools, or other objects that belong to the center.
5. Refuse to go to court proceedings in a way
unjustified. Article 725.-Sanctions.- The following penalties shall be imposed depending on the severity and recidivism, which must be justified by virtue of the proportionality and characteristics of the failure committed: 1. Restriction of the time of the visit family. 2. Restriction of external communications. 3. Restriction of telephone calls. 4. Submitting to the maximum security regime. In cases where these disciplinary offences can be considered as crimes, the competent authority of the centre shall inform the Office of the Prosecutor's Office and shall proceed as indicated in this Code. Article 726.-Procedure.- The procedure for sanctioning will be brief, simple, oral, respect due process and the right to be heard by itself or through a public or private defender or defender, in accordance with the following rules:
1. The procedure will begin at the request of any person who knows that a lack of or written part has been committed by the security personnel of the detention centers.
If the person who is a private whistleblower requests to save your identity for personal security, your first and last names will not be published.
2. The competent authority of the center will call the parties
involved, the guardian of the private person of liberty and listen to them in hearing. The person accused of committing a fault will be entitled to the last intervention.
3. At the same hearing, it will be resolved in a manner
motivated and a written record of the facts, the lack and the sanction will be written.
4. The sanctions may be challenged before the judge or the judge of
prison guarantees.
TITLE V REPATRIATION
Article 727.-Repatriation.- The judgments of the national jurisdiction, in which penalties are imposed Private persons may be executed in the country of origin or nationality of the sentenced person. Likewise, foreign criminal justice sentences that impose custodial sentences on Ecuadorians may be executed in Ecuador, in accordance with international instruments or under the principle of reciprocity. " Article 728.-Rules.- In addition to those provided for in international instruments, the active or passive repatriation shall be subject to the following rules: 1. Corresponding to decide the transfer of the person
sentenced to the Rector Ministry in the field of justice and human rights, a decision that shall be brought to the attention of the judge of the prison guarantees for its execution.
2. The execution of the sentence imposed in sentence will be
governed by the rules of the state prison regime that will move it for compliance.
3. In no case will the duration of the
custodial sentence, pronounced by the foreign judicial authority, be modified.
Article 729.-Conditions for the transfer and enforcement of convictions for foreigners.- Sentencing is possible if the following conditions are met: 1. Have a final or final judgment. 2. Being a national of the state in which he is serving the sentence. 3. That the duration of the sentence, which the citizen
must comply with, be at least six months, on the day of receipt of the petition.
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4. That the acts or omissions that have resulted in
conviction must constitute a criminal offence in both States.
5. That the private person or his or her representative,
because of their age or mental fitness, has the will to be transferred, being informed in advance of the legal consequences.
6. States expressly manifest their
approval for the shipment. Article 730.-Exoneration of fines in case of repatriation.- In cases where the payment of a fine or integral repair is provided for in the judgment, the Technical Agency, after technical report, may request the guarantee or the judge Penitentiary the reduction or exemption of the fine or the payment of the integral repair when duly motivated humanitarian reasons are established or the impossibility of payment has been demonstrated.
GENERAL PROVISIONS FIRST: As not provided for in this Code, you must apply the provisions of the Organic Code of the Function Judicial and the Code of Civil Procedure, if applicable with the nature of the oral criminal prosecution. SECOND: In reference to the violations committed in the indigenous communities, the Constitution of the Republic, in the treaties and international instruments ratified by the State, must proceed in accordance with the provisions of the Code. Organic of the Judicial Function and in the respective laws. THIRD: In cases of repatriation of foreign persons sentenced in Ecuador, the obligations to pay fines are extinguished, in accordance with international conventions concerning this matter. FOURTH: In respect of violations against the customs administration, where the value of the goods does not exceed the amounts provided for the criminal type to be configured, it is not a crime and will be sanctioned as a violation. administrative authority with fifty percent of the maximum fine established for each offense.
TRANSIENT provisions FIRST: Criminal proceedings, actions and investigative procedures that are When this Code is in force, they will continue to be substantiated according to the the previous criminal procedure until its conclusion, without prejudice to the observance of the due process rules provided for in the Constitution of the Republic, provided that the punishable conduct is sanctioned in this Code. SECOND: The hearings set out in Book II, Procedure of this Code, shall enter into force upon publication in the Official Register.
THIRD: The processes, actions and procedures in the field of execution of custodial sentences that are being dealt with when this Code enters into force, they will continue to be substantiated in accordance with the Code of Execution of Peñas and other rules in force at the time of its commencement and until its conclusion. FOURTH: The processes, actions and procedures for repatriation that are being processed when this Code comes into force, will continue to be substantiated in accordance with the national and international rules in force at the time of their commencement and up to its conclusion. QUINTA: The processes, actions, and procedures of the offending adolescents that are being processed when this Code comes into force, will continue to be substantiated in accordance with the Organic Code of Childhood and Adolescence and other current rules. at the time of its commencement and until its conclusion, without prejudice to the observance of the due process rules provided for in the Constitution of the Republic. SIXTH: The Council of the Judicature, within one hundred and fifty days from the publication in the Official Register of this Code, shall organize the application of the special procedure referred to in Book II, Procedure, and shall be the courts of violence against women or members of the family nucleus, where they operate, those who take responsibility for the causes which are being dealt with in contravention of proceedings against women and the family in the Women's Commissaries and the Family, National Commissaries and Police Intrends. In places where there are no such specialized courts, the judge or judge of family, woman, childhood and adolescence or the one of contraventions, as the case may be, will be competent.
SEVENTH: The Technical Body of the System National of Social Rehabilitation, as a public health policy and within the period of ninety days counted from its conformation, will start in centers of deprivation of liberty, the process of medical evaluation to the private persons of liberty that, in the fulfillment of their conviction, they have developed a mental disorder, duly proven. On the basis of the report issued by the Technical Body, the Judge or the Judge of Prison Guarantees will arrange for these persons to be transferred to a mental health facility in order for them to proceed with the appropriate treatment. The servers that fail to comply will be sanctioned according to the law.
EIGHTH: The State Attorney General, in coordination with the institutions involved in the system, will dictate and approve the regulations for the regulation, implementation and direction of the national system for the protection and assistance of victims, witnesses and other participants in the criminal proceedings and the comprehensive specialized system for the investigation of legal medicine and forensic sciences, in the maximum period of 60 days, counted from the publication of this Code in the Register Official.
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NINTH: The Council of the Judiciary will dictate the regulations necessary for the implementation, implementation and enforcement of the rules. established in Book II, Procedure, of this Code, within a maximum of one hundred and fifty days, counted from the publication of this Code in the Official Register. DECIMAL: The Council of Judicature will implement the mediation centers for adolescents and will dictate the necessary regulations for its implementation, within a maximum of one hundred and fifty days, counted since the publication of this Code. TENTH FIRST: The President of the Republic, within the maximum period of sixty days, counted from the publication of this Code in the Official Register shall conform to the Technical Body of the Social Rehabilitation System, and appoint chair. TENTH SECOND: Within the maximum period of sixty days, counted from its conformation, the Technical Body of the Social Rehabilitation System will dictate the regulation for the implementation, implementation and compliance of the established norms. in Book III, Implementation, of this Code. TENTH THIRD: The National Agency for the Regulation and Control of Land Transportation, Transit and Road Safety, the Ecuador Transit Commission and the autonomous decentralized governments that have assumed competence in the field of transit, shall dictate the rules for the execution of the non-custodial sentence, within the maximum period of sixty days, counted from the publication of this Code in the Official Register. TENTH FOURTH: The Ministry of Justice, Human Rights and Cults, in coordination with the National Council of Children and Adolescents and the Ministry of Economic and Social Inclusion, within one hundred and fifty days from the publication of this Code in the Official Register, dictate and approve the relevant regulations for children who are in the care of a person deprived of liberty in the centres of deprivation of liberty to be relocated to establishments appropriate to their rights or under the care of a close family member, guaranteeing the permanent contact with their private parents of freedom. TENTH FIFTH: The competent authority for scheduled substances subject to audit, within 90 days of the publication of this Code in the Official Register, shall issue the table of quantities of substances cataloged subject to audit for the production or traffic of minimum, medium, high and large scale, in order to establish the rules concerning the amounts established in the Section on the crimes for the production or illicit trafficking of scheduled substances subject to audit. In cases of tenure for consumption, until the corresponding table is issued, Resolution No. 001 PE-CD-2013, published in the Second Supplement No. 19 of June 20, 2013, will apply.
TENTH SIXTH: The Council of the Judicature, within a maximum of ninety days from the publication of this Code in the Official Register, shall allocate the human and economic resources necessary for the operation of the provisions contained in this Code, including, in respect of the creation of new judges, the file of the technical means of the hearings, the system of shifts and special judicial hours in the units of flagrancy and the the creation and operation of mediation centres in the field of young offenders. TENTH SEVENTH: The Council of the Judicature, Ministry of Justice, Human Rights and Cults, Public Prosecutor General of the State and Public Defender, within the maximum period of thirty days from the publication of this Code in the Official Register, initiate the training of the judges, prosecutors, the National Police personnel, specialized civilian personnel, servants and judicial servants, personnel who make up the National System of Social Rehabilitation, public defenders, and private defenders with the legal regulations contained in this Comprehensive Organic Code Penalty. TENTH EIGHTH: In consideration of the provisions of this Code, the Council of Judicature within one hundred and fifty days, since the publication of this Comprehensive Criminal Code, will establish an exclusive email system for electronic notifications in court proceedings. The judicial servants, without prejudice to the physical notification, shall be obliged to notify by this means the providences, resolutions and administrative acts, decrees, orders, orders and judgments. Your failure to comply will be sanctioned in accordance with the provisions of the Organic Code of Judicial Function. TENTH NINTH: The Ministry of Justice, Human Rights and Cults in coordination with the Council of the Judiciary, within one hundred and fifty days, counted from the publication in the Official Register of this Code, will put in operation of electronic surveillance devices and their respective platform. 20TH: Within the maximum period of sixty days from the publication of this Code in the Official Register, the Public Defender will implement the Legal Defense Unit of Victims, in order to guarantee the full and equal access to the justice of persons who, because of their state of defensiveness or economic, social or cultural condition, cannot contract the services of legal defense for the protection of their rights. TWENTY FIRST: Until the judges of prison guarantees are appointed, the knowledge of the processes of execution of the criminal sentences as well as the control and judicial supervision of the prison regime, the The Ministry of Justice and Human Rights will be responsible for the granting of parole, controlled freedom, prefreedom and security measures. TWENTIETH SECOND: Within a maximum period of one hundred and eighty days from the publication of this Code in the Official Register, the Council of the Judicature in a joint and coordinated manner with the
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Ministry of Public Health and the State Attorney General's Office, will comply with the process of accreditation of specialized experts in each of the the branches of health. TWENTIETH THIRD: Within one hundred and eighty days from the publication of this Code, the Council of the Judiciary will create the technical offices with professionals in medical psychology and social work, to guarantee the
REFORMATTER PROVISIONS FIRST: Replace with all the provisions of the national legal system in what you say: 1. "Penal Code", by "Criminal Integral Code" 2. "Code of Criminal Procedure", by "Code
Criminal Integral Organic" 3. "Code of Execution of Peñas", by "Code
Criminal Integral Organic" 4. "Ordinary judges and judges" or "judges and judges
criminal", by "judges and judges of criminal guarantees" 5. "Imputed" by "prosecuted" and in which he says
"imputed", by "prosecuted" 6. "Offended" by "victim" and in which he says
"offended", by "victims" SECOND: In the Organic Code of the Judicial Function, reform the following provisions: 1. In article 108 after the numeral 8, add the
following numeral:
" 9. Those who do not notify providences, resolutions and administrative acts, decrees, orders and judgments in due time. "
2. In Article 109, replace the numeral 8 with the
following:
" 8. To have received a firm conviction as an author or an accomplice of a criminal offence repressed with the penalty of deprivation of liberty. "
3. In Article 109, add the following
numerals:
" 17. Do not appear for a hearing, except by chance or force majeure. 18. Do not cite or notify persons under investigation when they have requested it in prior investigations; or, persons prosecuted, in procedural investigations, for crimes of public exercise of the action. "
4. In Article 130, replace the numeral 7, by the following:
" 7. To have the appearance of the procedural parties, witnesses and experts, whose presence is necessary for the development of the trial, through the National Police. This measure may not be longer than 24 hours, but may be repeated as many times as necessary until the order of appearance is complied with, without prejudice to the fine of two salaries by the judge or the judge. (a) unified basic of the worker in general, except fortuitous cases or force majeure. "
5. In Article 131, replace the numeral 5 with the
below:
" 5. Punish those and private defenders who do not appear before any court hearing, with a fine of two unified basic wages of the worker in general, except fortuitous case or force majeure. "
6. In Article 131, add the following numeral:
" 6. Apply the other sanctions that this Code and other rules establish. "
7. Following Article 147, add the following
article:
" Art.-147.1.-Single system of coordination of hearings and proceedings.- The single system of coordination of hearings and proceedings composed of a integrated IT system and technical staff assigned by each of the bodies involved in the process, which allows for effective coordination between the subjects, parties and auxiliary bodies for the timely implementation of the hearings and procedural steps, in order to strictly observe the time limits at the various stages of the process.
The Council of the Judiciary will dictate the necessary regulations to regulate its structure and operation. "
8. In Article 153, number 1, replace the word
"absolute" by the phrase "ratifications of innocence." 9. After Article 160, add the following article:
" Art.-160.1.-From the drawing of the causes.- In all the pluripersonal body of judgment, be Chambers of the National Court, of the Provincial Courts or Courts that have more For its conformation, three members shall be determined by the drawing system determined by the Council of the Judicature. "
10. Replace Article 200 by the following:
" Art.-200.-Number and Requirements.- The number of the National Court of Justice and the specialized Chamber to which they are assigned shall be determined by the Council of the Judiciary in
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coordination with the President of the National Court of Justice. The judges and the judges will come from the selection contest of the judges of the National Court who were not entitled according to the note obtained. In the event that there is not enough of the bank of eligible judges and judges of the National Court, the judges will be appointed from the eighth level of the judicial career.
have the same responsibilities and incompatibility regime as the right holders; they will perform their duties full-time with exclusive dedication. In the Provincial Courts, Tribunals and other pluripersonal organs of judgment, the sub-gation of the judges or the judges shall be carried out by lot, from among the other holders that make up the multi-personnel body. In case of not having enough members, it shall be drawn from among the non-securitised members, in accordance with the criteria and disposi-tions dictated by the Council of the Judicature. This being the only mechanism of subrogation, the provisions common to this article and which are opposed, are understood as not written. "
11. Replace the second paragraph of article 206 by the
below:
" On the basis of the technical studies, a Provincial Court may operate with a lower number than the specialized chambers of the National Court. The Council of the Judicature in accordance with the management model and the feasibility report which for the purpose will be carried out, will determine the respective competences according to the law, as well as the system of work. "
12. In Article 208, replace the numeral 1 with the
following:
" 1. To know, in the second instance, appeals and nullity, even those that come from judgments handed down in contravention and other proceedings established by law. "
13. Replace the second paragraph of Article 210 with the
below:
"The President or the President may integrate the Room to which he belongs."
14. Replace Article 220 by the following:
" Art.-220.-Criminal Guarantees Courts.- In each province there will be the number of judges to be determined by the Council of the Judiciary to integrate the Criminal Guarantees Courts. The judges shall be competent to know and to resolve the criminal proceedings assigned to them.
The Council of the Judicature shall determine the locality of the residence and the territorial division in which they exercise jurisdiction. the Courts. If it is not established, it shall be understood to be provincial. '
15. Replace the item number 1 in item 221, by the
following:
" 1. To substantiate the stage of judgment and to sentence in all the public exercise of the action, whatever the penalty is intended for the offence that is judged, with the exception of the cases of the case and those that must be dealt with by the direct procedure, or those determined by law. "
16. Replace article 222, by the following:
" Art.-222.-Assignment of causes.- For the knowledge of each cause, the Council of the Judicature must establish the system of draw, by which the three or the three Judges who shall conform to the Tribunal; likewise, by lot, the Judge or the Judge-Rapporteur shall be selected who shall preside over the Tribunal and shall be competent to hear the actions for damages and other privileges established by the Law. "
17. Replace article 223 by the following:
" Art.-223.-Replacement of members of the Tribunal.- In the event of absence or other impediment of the judges who make up the Tribunal, their replacement shall be by drawing between the judges appointed by the Council of the Judicature, to form the Courts of Criminal Guarantees. Where the sufficient number of judges is not counted to integrate the Criminal Guarantees Tribunal, its replacement shall be determined by drawing among the members who make up the respective eligible bank, in accordance with the established system. by the Council of the Judicature. "
18. Replace Section IV, Section IV,
Chapter III, Title III, by the following:
" PARAGRAPH IV JUDGES AND JUDGES OF CRIMINAL GUARANTEES
Art.-224.-Judge or Judge of Criminal Guarantees.- In each The province shall have the number of judges and judges of criminal guarantees to be determined by the Council of the Judicature, which shall indicate the locality of its residence and the territorial district in which they have jurisdiction. In the absence of such a determination, it shall be understood that the competence is provincial. These judges will know, substantiate and dictate, as the case may be, the criminal proceedings that the law assigns to them. Art.-225.-Competition.- Las and judges of criminal guarantees, in addition to the competencies attributed in the Penal Integral Organic Code, are competent to:
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1. Guarantee the rights of the person prosecuted and
of the victim during the procedural stages, in accordance with the powers and duties granted to him by law.
2. Order and practice urgent evidentiary acts
that require authorization. 3. To dictate protective and protective measures. 4. Sustaining and resolving the procedures of
private exercise of criminal action. 5. Sustain and resolve the procedures
abbreviated and direct. 6. Sustain and resolve the causes in all those
public exercise processes of criminal action that determine the law.
7. To know and resolve appeals that
are against sentences handed down by judges and judges of contraventions in the judgment of violations against the Organic Law of Consumer Defense.
8. Other cases to be determined by law. "
19. In Article 226, remove the phrase "criminal from the
military, from the police." 20. Delete Article 227. 21. Replace Article 230 by the following:
" Art.-230.-Jurisdiction of judges and judges of prison guarantees.- In localities where there is a social rehabilitation center there will be at least one or a judge of guarantees. penitentiary. The judges of prison guarantees will have jurisdiction for the substantiation of rights and guarantees of persons deprived of liberty with a conviction, in the following legal situations:
1. All jurisdictional guarantees, except the action
extraordinary of protection. 2. Resolve the challenges of any decision
emanated from the competent authority regarding the prison regime.
3. Know and substantiate the processes relating to the
granting of the semi-open and open systems. 4. Resolutions that grant immediate
release for execution of the sentence. 5. The unification and prescription of penalties emanating
by the administration of criminal justice, both domestic and foreign.
6. Control the compliance and execution of the pardon
presidential or parliamentary.
7. Comply with the provisions laid down in the Optional Protocol to the Convention against Torture and other cruel, inhuman or degrading treatment or punishment, as appropriate.
8. Violations of the status of people released
that have served the penalty and any discrimination against these people's judicial past. In localities where there are no judges of prison guarantees, the jurisdiction will be of any judge.
9. Know and resolve the legal status of people
deprived of liberty when a more benign later law has been enacted.
10. The other powers laid down in the law. ' 22. Replace article 231 by the following:
" Art.-231.-Competition of judges and judges of violations.- In each district there will be the number of judges and judges of contraventions to be set by the Council of the Judiciary, with the determination of the location of their residence and of the territorial area in which they have jurisdiction. In the case of non-establishment of this determination, it shall be understood to be cantonal. They will be competent for:
1. Know the facts and acts of contraventions of
violence against women or family members, provided that there are no judges or judges of violence against women or members of the family nucleus in their jurisdiction.
2. To know the violations typified in the
Criminal Integral Organic Code. 3. Know the violations of the Law's norms
Organic of Defense to the Consumer. 4. Know the preprocedural steps of the test
material in criminal and civil matters, the notification of the checks of checks and the performance of procedural actions that are depreted or commissioned.
5. The Board of Judicature will determine the number
of judges and judges of contraventions in accordance with the needs of the service.
6. Exercise the other privileges established by the
law. The Decentralized Autonomous Governments shall be competent to know and to substantiate the violations established in municipal ordinances and to impose the corresponding penalties that do not imply deprivation of liberty. " 23. Replace article 232 by the following:
" Art.-232.-Competition of judges and judges of violence against women or family members.- In each canton, taking into account criteria of population density, prevalence and severity of the
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violence, there will be the number of judges and judges of violence against women or members of the family core established by the Council of the Judiciary, with the determination of the locality of their residence and of the territorial division in which they have jurisdiction. They will be competent for:
1. Know the facts and acts of violence and the
violations of violence against women or members of the family core.
When protective measures are applied in the relevant law, at the same time, the judge may be able to fix the corresponding food pension which, for the duration of this measure, must satisfy the aggressor, taking into account the subsistence needs of the persons harmed by the aggression. It will also be up to the judge to execute this provision in case of non-compliance.
2. Exercise the other privileges established by the
law.
The Council of Judicature will create technical offices with professionals in medicine, psychology, social work, to ensure comprehensive intervention. "
24. At the end of Article 234 (4), replace the
phrase "offending adolescents; and," for "offending teenagers." In addition, following this number, the following paragraph is added:
"Know and resolve in the first instance the causes of the offending adolescents in the cantons where there is no judge or judge of the offending adolescents."
25. Replace Article 248, by the following:
" Art.-248.-Social Volunteering.- The peace judges will perform their duties as a volunteer for the community service. The Council of the Judiciary will establish a system of incentives for peace judges such as, training courses, scholarships for studies in the country or abroad, public recognition for the good performance, among others. "
26. Replace article 249, by the following:
" Art.-249.-Jurisdiction and jurisdiction.- There will be judges and judges of peace in those rural parishes upon request by the respective parish governments. In the neighborhoods, precincts, yeats, communities and rural neighborhoods, there will be judges and judges of peace when they request it in accordance with the provisions laid down by the Council of the Judiciary. Likewise, the Council of Judicature will determine the territorial division in which the judges and judges of peace, as well as their organization, will exercise their functions. "
27. Delete Article 252.
28. Replace article 253 by the following:
" Art.-253.-Duties and duties.- The judges and judges of peace shall have the following powers and duties:
1. Know and resolve, on the basis of reconciliation
and equity, individual, community, neighborhood conflicts and property obligations of up to five unified basic wages of the worker in general, to be subject to their knowledge, in accordance with the provisions of the law of the matter.
2. They will be competent to know the
violations that do not imply deprivation of liberty.
3. In cases of violence against women, children, girls
and adolescents the judges and judges of peace shall forward the file to the judge or competent authority of their respective jurisdiction. In no case will they know or resolve them.
4. If in the course of the process one of the parties
puts to the knowledge of the judge or judge of peace that the case matter of the conflict is already in the knowledge of the authorities of a community, people or indigenous nationality will be conformity with the provisions of Articles 344 and 345 of this Code.
Justice of peace shall not prevail over indigenous justice. " 29. Replace literal (b) of item 8 of Article 264
with the following:
" b) Establish or modify the headquarters, management model, and specify the jurisdiction in which the rooms of the provincial courts, criminal courts, courts of administrative and tax disputes and judges of first level, except jurisdiction in the case of a jurisdiction. A single room or a first-level judge may act and exercise several powers at the same time. "
30. In the second paragraph of Article 291, remove the
sentence: "at the request of the highest authority and". 31. In Article 335, replace the numeral 10 with the
following:
" 10. To be absent from any hearing or judicial diligence, in which their presence is necessary for the development of the judgment, except by chance or force majeure duly proven. "
32. In Article 335, add the following numeral: " 11. The other prohibitions set forth in this
Code. " 33. Following Article 337 number 5,
add the following number:
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" 6. Where they do not appear for any hearing or judicial diligence, in which their presence is necessary for the conduct of the trial, except by chance or force majeure. The suspension will last for two months. "
THIRD: In the Organic Code of Production, Trade and Investments reform the following provisions: 1. Replace Article 175 with the following:
" Article 175.-Customs infringement.- The provisions of this Code shall be contrary to the provisions of this Code. For the sanction of contraventions and regulatory faults, the simple transgression to the norm will suffice. In the case of entry or attempt to extract from the customs territory of Ecuador, goods unfit for human consumption, the district director shall order his immediate destruction at the cost of the owner, consignant, holder or declarant of being is identified and located, otherwise, will be paid by the National Customs Service of Ecuador. "
2. In Article 188, remove the phrase "typified in
this Code." 3. In Article 190, after literal m), add the following
literals:
" n) The conduct of the reception and customs fraud classified in the Comprehensive Criminal Code, in respect of goods whose value is equal to or less than one hundred and fifty basic wages of the worker in general. (o) the conduct of contraband classified in the Comprehensive Criminal Code, in respect of goods whose value is less than ten basic wages of the worker in general. "
4. In Article 191, add the following literal:
"g) In the cases of the literals n and o; with a fine equivalent to three times the value of the commodity material of the infringement."
FOURTH: In the Tax Code, the following provisions are amended: 1. Replace article 315 with the following:
" Article 315.-Violations classes.- For the purposes of your judgment and sanction, the violations Tax is to be classified as contraventions and statutory faults. Violations of adjective rules or non-compliance with formal duties, constants in this Code and other laws constitute violations.
Violations of regulations or secondary standards of the compulsory general age. '
2. Replace article 316 with the following:
"Article 316.-constitutive elements.- For the sanction of violations and regulatory failures, the transgression of the rule shall be sufficient."
3. In Article 323, delete the literal (i) and the literal (j). 4. Replace Article 329 by the following:
" Article 329.-Computation of pecuniary penalties.- The financial penalties shall be imposed in proportion to the value of the taxes which, by the action or omission, were to be avoided or to the value of the property of the infringement. Where taxes are determined by the value of the goods or goods referred to in the infringement, their market value shall be taken into account on the day of their commission. Pecuniary penalties for violations and non-compliance shall be imposed in accordance with the amounts determined in this Code and other tax laws. "
5. Replace Article 340 by the following:
"Article 340.-Prescription of the action.- The actions for the violations and the statutory faults shall be prescribed in three years, since they were committed."
6. Replace Article 341 by the following:
" Article 341.-Prescription of pecuniary penalties.- The pecuniary penalties, shall be prescribed in five years from the date on which the judgment or judgment is executed. impose and will be interrupted by the citation of the order of payment, in the same way as the tax obligations. "
QUINTA: In the Organic Law of Internal Tax Regime reform the following provisions: 1. In the fourth indent of Article 10 (11),
remove, at the end of the paragraph, the sentence " contrary case shall be considered Fraud. "
2. Replace item 3 in item 50 with
next:
" 3. Failure to deliver the withholding voucher to the taxpayer will be sanctioned with a fine equivalent to five percent (5%) of the amount of the withholding. "
3. Delete the last paragraph of Article 63. 4. Delete the second indent of Article 64.
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SIXTH: In the Migration Act, the following provisions are amended: 1. Substitute Article 24 for the following:
" Article 24.- If the alien subject to the deportation action is detained, the judge or judge of contraventions prior to the initiation of the procedure, will ask the judge or judge for criminal guarantees to adopt the precautionary and protective measures applicable in the Criminal Integral Organic Code. "
2. Replace Article 31 by the following:
" Article 31.- When the deportation order cannot be effected as a stateless person, due to lack of identity documents or other justified cause, the judge or judge of contraventions acting, will make it available to the judge or the judge of criminal guarantees to replace the preventive prison with some of the precautionary and protective measures established in the Penal Integral Organic Code, while the execution of the order of deportation. After the three-year period without the execution of the deportation order, the stay in the country shall be regularised. "
3. In the first paragraph of Article 37, replace the
sentence "Code of Criminal Procedure" with the phrase "Criminal Integral Organic Code."
4. In Article 37, in the numeral IV, at the end of the paragraph
first replace the phrase "in Chapter III of Title IV of the Penal Code", by the phrase "in the Penal Integral Organic Code."
SEVENTH: In the first indent of the second innumbered of Article 138 of the Mining Law, replace the sentence "with the penalties applicable to the crime of perjury" by the phrase "with the Penal Integral Organic Code." EIGHTH: Replace Article 121 of the Organic Law of Financial System Institutions with the following:
" Art.-121.- Natural or legal persons who are not part of the financial system and do not have the A certificate issued by the Superintendency of Banks will be expressly prohibited from carrying out operations reserved for the institutions that make up such a system, especially the collection of public resources, except for issuance of obligations where applicable under the Securities Market Act. They will also not be able to make propaganda or use of notices, posters, receipts, letterheads, titles or any other means to suggest that the business of such person is of financial or insurance spin. The Superintendence will issue the regulation on this matter. In the case that, in the case of the Superintendence, it can be presumed that there is an infringement of the provisions of this article, the Superintendence will have, with respect to the alleged offenders the same powers of inspection that this law confers
" The Superintendence will order the suspension of the financial operations that are carried out in contravention of this article. In addition, it shall apply to persons who make them a fine equivalent to 10% (10%) of the public funds ' collection operations which they have carried out, which may in no case be less than the equivalent of 10,000 UVCs. The imposition of sanctions, in no case shall relieve the offender of the fulfilment of the obligations assumed. "
NINTH: In the Organic Land Transportation, Transit and Road Safety Act, the following provisions are amended: 1. Replace Article 97 with the following:
" Art.-97.- The system of scoring applied to driver's licenses is instituted, for the cases of commission of traffic violations, in accordance with this Law and the Regulation respective.
Driver's licenses will be awarded under the scoring system; at the time of issue, the document will have qualifying points for all categories of driver's licenses applicable to those who obtain it for the first time. time, proceed to refresh or change category. The driver's licenses will be awarded with thirty points for their regular five-year term, and a system of reduction of points will be used for each violation committed. "
2. Replace article 147 by the following:
" Art.-147.- The judgment of the traffic offences established in the Penal Integral Organic Code, will be the subject of the judicial procedure of the judges and the judges of transit within their the respective territorial jurisdictions, or to those who do their own times, and to the other instances determined in the Organic Code of the Judicial Function. In order to judge the traffic violations established in the Penal Integral Code, the Courts of Transit Contracts, in the provincial capitals and in the cantons that merit it, will be created under the jurisdiction of the Judicial Function. For the control and enforcement of the traffic violations established in the Penal Integral Organic Code, the Autonomous Regional, Municipal and Metropolitan Governments of the territorial district where they are located will be competent. has been committed to the violation, when they assume the jurisdiction; and the Commission of Transit of Ecuador in its jurisdiction. When the Decentralized Autonomous Government Transit Agent is to sanction a violation involving deprivation of liberty, it may require
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immediately the assistance of the National Police or the Ecuador Transit Commission for the arrest of the offender. "
3. Replace Article 165.1 with the following:
" Art.-165.1.- In cases of traffic accidents to ensure citizen security, civil traffic agents at sites where Autonomous Decentralized Governments exercise the jurisdiction or the Transit Commission of Ecuador (CTE), in accordance with its jurisdiction, shall take the procedure and shall draw up the relevant part of the traffic accident. Vehicles stopped by traffic accidents will be transferred to the vehicle retention yards, which will be in charge of the Autonomous Decentralized Governments that have assumed the competition, of the National Agency for Regulation and Control of the Transportation, Transit and Road Safety (ANRCTTTSV) or the Ecuador Transit Commission (CTE) in their respective jurisdictions, to continue with the chain of custody that will serve for the relevant legal proceedings. "
4. Replace the General Disposition
TWENTY-first for the following:
" 21ST: As not provided for in this Law, it should be observed that established in the Penal Integral Organic Code, Organic Code of the Function Judicial and the Code of Civil Procedure, if applicable, with the nature of the oral criminal prosecution. "
5. Add General Disposition
22ND the following general disposition:
" TWENTY-seventh.- The National Transit Agency, within ninety days will ensure 100 percent coverage of the public and commercial transportation throughout the Ecuadorian territory, especially for the rural sector. For this purpose, the conditions in the respective Regulation shall be determined. '
6. Replace the Transitional Disposition
22ND for the following:
" 22ND.- The National Agency for the Regulation and Control of Land Transport, Transit and Road Safety, will form and train civil servants to exercise its powers of control of transit at national level. Once they have the necessary public servants for such purposes, they will relieve the National Police and their dependent units in their traffic control activities and investigation of traffic accidents. personnel will be reassigned to other functions according to the institutional needs of the National Police. Until the above happens, the National Police's Transit Investigation and Accident Service (SIAT) will continue to operate as they were
doing until the Bureau of Traffic Accident Investigations (OIAT) of the Ecuador Transit Commission to assume its responsibilities. The Provincial Headquarters and the National Police Road Safety and Road Safety Headquarters will continue to operate as traffic control and traffic control and security agencies within their jurisdictional limits. the resolutions of the National Agency for the Regulation and Control of Land Transport Transit and Road Safety and in accordance with this Law, until, the Autonomous Regional Autonomous Governments, Metropolitan or Municipal and the Commission of Ecuador's transit takes on its competences within its jurisdictions. "
DECIMAL: In the Act to Suppress Asset Laundering, reform the following provisions: 1. Remove in Article 7 literal f) the letter "y". 2. Add in Article 7 the following literal:
" h) The Superintendent or Superintendent of Popular and Solidarity Economy. "
TENTH FIRST: In the Law on Narcotic Drugs and Psychotropic Substances, replace the entire Chapter II of Title V with the following:
" CHAPTER 2 OF THE ADMINISTRATIVE SANCTIONS AND THE SECTION I PROCEDURE OF THE ADMINISTRATIVE SANCTIONS Art.-89.-Of the sanctions.- Failure to comply with the obligations laid down in this Chapter shall be punishable by:
1. Fine. 2. Temporary suspension of qualification. 3. Substance of substances.
Art.-90.-Registration and reporting.- Qualified natural and legal persons, as well as those handling medicinal products containing scheduled substances subject to audit, shall maintain a record (a) updated on its production, placing on the market and use, and shall report the actual data on its production, existence and sale within the period of the first 10 days of the following month. Failure to comply with this obligation will be sanctioned with a fine of a unified basic salary of the worker in general. Art.-91.-Change of data.- The qualified natural and legal persons shall communicate in the period of thirty days the changes concerning: legal representative, technical representative, winemakers,
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social name, statute, domicile reform, final suspension of activities and use of scheduled substances subject to monitoring and medicines containing them.
Failure to comply with this obligation will be sanctioned with a fine of a unified basic salary of the worker in general.
Art.-92.- Previous inspection for destruction of - qualified natural and legal persons shall request an inspection, prior to the destruction of the scheduled substances subject to inspection and medicinal products containing them. Failure to comply with this obligation will be punishable by a fine of two unified basic wages of the worker in general. Art.-93- Notification of Arrival.- The importer of scheduled substances subject to control and medicinal products containing them, will inform the P&P with seventy-two hours of anticipation of the arrival of the corresponding substance.
Failure to comply with this obligation will be sanctioned with a fine of a unified basic wage of the worker in general. Art.-94.-Sale to non-qualified natural or legal persons.- The qualified natural or legal person selling scheduled substances subject to supervision to natural or legal persons who do not have the qualification granted by The P, will be sanctioned with fine of one to ten basic wages unified of the worker in general. Art.-95.-Notice of claims.- The qualified natural and legal persons shall notify the P&C when there are spills, losses or any other disaster with the scheduled substances subject to audit and medicines containing them, within 24 hours. Failure to comply with this obligation will be punishable by a fine of two unified basic wages of the worker in general. Art.-96.-Event of quota.- The qualified natural and legal persons may not exceed the annual quota authorized by the P&C for the management of scheduled substances subject to supervision and medicinal products containing them.
non-compliance with this obligation will be sanctioned with a fine of one to ten unified basic wages of the worker in general. Art.-97-Mobilization without a transport guide.- Qualified natural and legal persons must obtain a transport guide granted by the P&P, the same that will carry during the
mobilization of scheduled substances subject to control and medicinal products containing them, outside the cantonal jurisdiction. Failure to comply with this obligation will be punishable by a fine of one to ten unified basic wages of the worker in general. Art.-98.-Authorization of import or export.- Natural and legal persons qualified as importers or exporters shall request the authorization for the import or export of substances from the P&P cataloged subject to audit, mixtures or medicinal products containing them, detailing the terms of identification, weight or volume, concentration and other requirements laid down in the regulation.
Failure to comply with prior authorisation for the import or export, shall be sanctioned with a fine equivalent to double the the customs value of the substances and the comiso of the imported substances.
The excesses in the import, which exceed: the range established by the national customs authority for bulk goods and the maximum errors allowed in the weight verification, will be sanctioned with fine equivalent to twice the customs value of the excess substances and comiso of the substance exceeded.
Art.-99.-General obligations.- The institutions, dependencies and servers of the public sector and natural or legal persons in the private sector are required to supply the information and to provide the collaboration that determines this law or to establish the authorities to which it is responsible for its implementation. Failure to comply with this obligation will be punishable by a fine of two basic wages of the worker in general. Art.-100.-Reoffending.- The recidivism in the breach of the obligations set forth in this chapter, will be sanctioned with double the fine established in the last resolution and with temporary suspension of the qualification by the Forty-eight-hour period. Art.-100a.-Solidarity liability.- If the fines for administrative misconduct are imposed on establishments, companies or legal entities of private law, their legal representatives, owners or administrators will be jointly and severally
SECTION II OF THE ADMINISTRATIVE procedure
Art.-100-b.-Competition.- Failure to comply with the obligations set out in this chapter will be administratively sanctioned by the Directors
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Regional of the P&C according to its jurisdiction and by the National Director of Legal Counsel in the province of Pichincha. The resolution of the Regional Directors and the National Director of Legal Counsel, may be appealed in the last instance, within 15 days before the Executive Secretary of the PEP, who will decide within the period of sixty days. Administrative penalties shall be established in accordance with the common administrative procedure laid down in the Statute of the Administrative Legal Regime of the Executive Function, without prejudice to the civil and criminal penalties to which the place. Penalties for administrative misconduct must be cancelled within three days, counted from the notification of the respective resolution. Art.-100-c.-Prescription.- The administrative faults and penalties provided for in this chapter are prescribed within ninety days. "
TENTH SECOND: In the Organic Law of the Comptroller General of the State, replace Article 26 by the following:
" Art. 26. -Audit reports and their approval.- Government audit reports, in their different classes and modalities, will have the content that establishes the audit standards and more regulations of this Act, including the opinion of the auditors, where appropriate, and the reference to the period under review. These reports shall be processed from the issue of the audit work order, until the report is adopted within the maximum period of one hundred and eighty days. The reports, after which the director of the relevant administrative unit has subscribed, shall be approved by the Comptroller-General or his delegate within the maximum of thirty days without any extension and shall be sent to the maximum authorities of the State institutions immediately examined. "
TENTH THIRD: In the Law against Violence against Women and the Family, replace Article 3 with the following:
" Art. 3.-Scope of Application.-Family members are considered to be the spouse or spouse, to the couple in union in fact or free union, living, ascending, descendants, sisters, brothers, relatives up to the second degree of affinity and persons with whom it is maintained, or has maintained family, intimate, affective, marital, co-living, dating or cohabitating links. "
TENTH FOURTH: In the Organic Code of Childhood and Adolescence, reform the following provisions: 1. At the end of Article 259 add the sentence "and the
Courts of Teenage Offenders."
2. Replace Article 262 by the following:
" Article 262.-Jurisdiction of the Judges of Offending Adolescents. Corresponds to the Judges of Teenage Offenders within their respective territorial constituencies, the knowledge and resolution of the issues related to the responsibility of the adolescent who treats the Fourth and Fifth Books.
In the cantons where there is no judge of adolescent offenders will be the knowledge of the causes to the judge of the Family, woman, childhood and adolescence. "
3. Following the article 305 add the following
article:
" Art. 305-a.-Age and identity check. The age and identity check of the adolescents will be performed before the first hearing, for which it will be used:
1. Any public identification document; or, 2. The relevant scientific test performed by a
expert.
In case of the adolescent's refusal to carry out the scientific test, the prosecutor will seek a court order for the practice of the expertise guaranteeing due process.
In no case will the deprivation of liberty be decreed for effects of checking age or identity. "
4. In Articles 306, 308 and 327 replace the phrase "the
criminal law" with "the Criminal Integral Organic Code." 5. Replace the second paragraph of Article 308 with the
below: "No action shall be taken if there are causes of guilt or causes of disclaimer."
6. In Article 315 replace the word "lawyers"
with "public or private defenders." 7. In Article 317, third indent, after the word
"destroyed." add the following: " The original or certified copy of the statement shall be retained to maintain a record for statistical purposes, for possible interposition of the review facility. "
8. Replace the last paragraph of Article 317 with the following
: " With the exception of adolescents sentenced for crimes with a custodial sentence of more than ten years, the criminal record shall not contain records of offences committed while the person was a teenager. Those who do so will be subject to the sanctions. "
9. In Article 323, remove the word "indicted."
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10. In Article 326, replace the word "Director"
with the word "Coordinator." 11. In Article 329 remove the phrase "preliminary or
the." 12. In Article 330 replace the literals a and b by the following
:
" (a) Of the adolescents who do not serve fourteen years of age, in the judgment of crimes of theft with the result of death, homicide, murder, femicide,
Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the
of Justice held that the Court of Justice held that (a) a period of imprisonment of more than five years. '
13. In Article 332 remove the word "indicted" and
replace the phrase "of articles 2246, 2247 and 2248 of the Civil Code" by "of the Civil Code concerning the bail."
14. Remove Articles 333, 338, 341, 353, 355 and 358.
15. Replace article 334 with the following:
" Art. 334.-The exercise of the action. The exercise of the action for the judgment of the adolescent corresponds solely to the prosecutor. Infringements of private action shall be treated as public criminal offences. Comprehensive reparations will proceed without any particular charge. "
16. Following article 334, add the
following items:
" Art. 334-a.-Prescriptions. The exercise of the action in the cases of crimes will prescribe in three years and the violations in thirty days since its commit. The socio-educational measures shall be prescribed at the same time as their imposition. In no case shall it be less than six months from the day the judgment was executed. '
" Art. 334-b. Related offences. In the event that there are related offences, the most serious social and educational measure of the offence shall be imposed. '
17. In Article 335 replace the word "prosecuted"
with "prosecution" and "the offended" by "the victim." 18. Replace article 336 with the following:
" Art. 336.-Prosecutors of offending adolescents. Prosecutors of offending adolescents have the following attributions:
1. Lead the pretrial and procedural investigation.
2. Decide whether to justify the exercise of the criminal action according to the merit of its investigation.
3. Ensure the early termination forms of the
process, in the cases that proceed. 4. To decide on referral, in cases where appropriate. 5. Request the entry of the protection system of
victims, witnesses and other procedural subjects. 6. Lead the Police investigation in the cases
that instructs.
7. The other functions mentioned in the Law. " 19. Replace article 337 with the following:
" Art. 337. The victim.- The victim may report the facts to the prosecutor, participate in the process and bring the resources, when he believes it is necessary for the defense of his interests. "
20. Replace article 340 with the following:
" Art. 340.-Stages.- The process for judging the adolescent has these stages:
1. Instruction. 2. Evaluation and Preparatory of Judgment. 3. Judgment. "
21. In Section 1 of Chapter 2, Title IV,
of the Fourth Substitute Book "The Stage of Procedural Investigation" by "Prior Investigation and Instruction."
22. Replace item 342 with the following:
" Art. 342.- Prior investigation. Before initiating the instruction, the prosecutor may investigate the facts that by any means come to his knowledge in which the participation of a teenager is presumed. The previous investigation will not exceed four months in the crimes punishable by imprisonment of up to five years, nor of eight months in those sanctioned with a penalty of more than five years. After the deadlines indicated by the prosecutor, within ten days, he will exercise the criminal action or file the case, and if not, this omission will be considered as a minor infraction in accordance with the Organic Code of the Judicial Function. Within the time limits laid down for the investigation, the prosecutor shall request the competent judge to indicate day and time for the hearing of the statement of objections, provided that there are sufficient elements. The hearing of the formulation of charges will be carried out in accordance with the rules of the Penal Integral Organic Code. "
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23. Following the article 342 insert the following
articles:
" Art. 342-a.-Hearing of a flagrant violation. In cases of flagrant infringement, within twenty-four hours of the arrest, the oral hearing will be held before the competent judge, in which the The law of the State of the Union The prosecutor will issue charges and be relevant to request the precautionary and protective measures that the case warrants.
Art. 342-b.-Mental disorder. The adolescent who has a permanent or transient mental disorder and commits an offence, will not be criminally liable, but the competent judge will decide who will provide a proportional security measure, prior to the psychiatric report of a professional appointed by the prosecutor.
The competent judge shall maintain the execution of the measure imposed or shall decree its revocation, either on its own initiative or at the request of a party, in hearing, with a report by a psychiatrist designated for the purpose. "
24. Replace article 343 with the following:
" Art. 343.-Duration of the instruction. The instruction stage will last forty-five unextendable days, counted from the date of the arraignment hearing, without prejudice to the prosecutor indicating a shorter time limit for its conclusion. In the event of a flagrant offence, the instruction shall not exceed 30 days. If data showing the participation of another adolescent in the fact investigated appears in the process, the prosecutor will request a hearing for the connection. The instruction shall be kept open for an additional period of 20 days, for a single time, counted from the tying hearing to be carried out within the time limit laid down for the instruction. The hearing will be held with the direct involvement of the teenager and his public or private defender. The prosecutor who fails to comply with the deadlines set out in this article will be punished in the manner provided for in the Law. "
25. Replace item 344 with the following:
" Art. 344.-Conclusion of the Instruction. Concluded the instruction, if the existence of the investigated infringement or the responsibility of the teenager is not determined, the prosecutor shall issue his opinion abstentivo in writing and in a reasoned manner within a period of time maximum of five days asking the competent judge to give the dismissal. In this case, any precautionary measure that was ordered against the teen will cease immediately.
In the event that the existence of the crime is determined and the teen is considered to have participated in the event, he will ask the competent judge to indicate the day and time for the assessment hearing and the preparatory hearing in which the prosecutor will deliver his/her opinion. "
26. Replace the first paragraph of article 345 with the
below:
" Art. 345.-Conciliation. The prosecutor may promote conciliation provided that the offence is punishable by custodial sentences of up to ten years. "
27. In the third paragraph of Article 345, remove the phrase
"from Children and Adolescents." 28. In Article 346 remove the phrase "from the Child and
Adolescence." 29. Replace article 347 with the following:
" Art. 347.-Conciliation promoted by the judge. The competent judge may promote a conciliatory agreement, provided that the offence is punishable by custodial sentences of up to ten years. This will be proposed in the Hearing of Evaluation and Preparatory of Judgment. If the conciliation agreement is reached, it shall be recorded in accordance with the previous Article. '
30. In Article 348 replace the second and
third paragraph by the following:
" The conciliatory agreement reached in the assessment and preparatory hearing or the approval by the judge of the agreement promoted by the Tax is compulsory and once fully implemented, they put an end to the process. If the obligations contained in the agreement are not met, the competent judge shall continue to conduct the initial procedure. The period of compliance with the obligations entered into in the conciliation shall not be counted against the calculation of the limitation of the action. If one or more of the victims does not accept the conciliation, the prosecution will continue and its right to redress will remain. "
31. Following Article 348, add the
following items:
" Art. 348-a.-Criminal mediation. The mediation allows the exchange of opinions between the victim and the adolescent, during the process, so that they confront their points of view and manage to solve the conflict that they maintain. It may refer to the repair, restitution or compensation of the damage caused; conduct or abstention of certain conduct; and, provision of services to the community. It shall carry out the same cases of conciliation. '
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Art. 348-b.-Request. At any time until before the completion of the instruction stage, any procedural subject may request the judge to submit the case to mediation. Once accepted, the judge will refer to a specialized mediation center. Parents, legal representatives or caregivers of adolescents will participate in the mediation in conjunction with the procedural subjects. Art. 348-c.-General rules. The mediation will be governed by the following rules:
1. Existence of free, informed consent and
free of vices by the victim and the express, free and voluntary acceptance of the adolescent.
2. If there are a plurality of adolescents or victims,
the process will continue with respect to those who do not attend the agreement.
3. In case of no deal, the
statements rendered in the mediation hearing will have no evidentiary value.
4. The Council of Judicature will carry a record
quantitative and without personal data of the adolescent and his relatives, in which he will record the cases that are subject to mediation and the results of the same.
5. The mediation will be carried out by mediators
accredited by the Council of the Judicature.
6. The Council of the Judiciary will organize centers of
mediation for adolescent affairs. 7. Notifications shall be made in the box
court, electronic address, or in an email pointed out by the procedural subjects.
8. The mediation act will be referred to the judge who
referred the cause to the respective mediation center.
Art. 348-d.-Effects of mediation. Once the agreement has been fulfilled, the judge shall declare the criminal action extinguished. In case of non-compliance, the initial process will continue. The time limits for the agreement shall not be counted against the calculation of the limitation of the exercise of the action. '
32. Replace Article 349 with the following:
" Art.-349.-Suspension of the trial process. The prosecutor, up to the trial evaluation and preparatory hearing, will be able to propose the suspension of the trial process, if the consent of the teenager and these are punishable offences with a custodial sentence of up to ten years.
The petition will be filed, the judge will convene a hearing and if the victim attends, it will be heard. The presence of the teenager's defender is a requirement of validity. The period of suspension of the process to be tested, is not imputed for the computation of the prescription of the action. "
33. Following Article 349, insert the following:
" Art. 349-a.-Auto suspend.- The process suspend auto-to-test will contain:
1. The circumstantial relationship of the facts and the
determination of the criminal type. 2. Socio-educational measure of guidance and support
psycho family partner. 3. Repair of the damage caused, if necessary. 4. The conditions or deadlines of the obligations
agreed, which cannot be less than the fourth part of the time of the possible measure to be applied in case of being responsible for the crime and will never be greater than the third part of it.
5. The name of the institution responsible for providing
the family's psychological orientation or support and the reasons that justify it.
6. The teen's obligation to inform the prosecutor
of changes in the home, place of work or educational center. "
34. In Article 350, remove the phrase "from the Child and
Adolescence." 35. Replace article 351 with the following:
" Art. 351.-Issuance with judicial authorization. It is possible to refer in the sanctioned violations with custodial sentences of up to five years, when the following requirements are met: 1. That the consent of the
adolescent " is counted. 2. That the teen has not been imposed a
educational partner measure or previous referral for a crime of equal or greater severity.
For the referral the teen will be led to any counseling program and partner psycho support family, community services or assisted freedom. The referral does not imply recognition of the infraction by the adolescent and extinguishes the process as long as the program is fully complied with.
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The judge may grant the referral of the case at the request of the prosecutor or the teen. The request shall be proposed at the assessment and preparatory hearing. In case the victim attends the hearing, it will be heard by the judge. The order granting the referral shall contain the circumstantial relationship of the facts and the legal bases; the determination of the programme of guidance to which it is sent and its duration. '
36. Replace article 352 with the following:
" Art. 352.-Tax remission. If the infringement investigated is of those sanctioned with a custodial sentence of up to two years and if the damages resulting from the infringement have been remedied to the victim, the prosecutor may declare the remission of the case and file the file. "
37. In Section Third of Chapter 2, Title IV,
of the Fourth Book, replace "The Preliminary Hearing" with "evaluation hearing and trial preparatory hearing."
38. Replace article 354 with the following:
" Art. 354.-Fiscal accusation. The prosecutor will ask the judge to indicate the day and time for the conduct of the evaluation hearing and the preparatory hearing in which he will decide whether there are sufficient merits to proceed with the trial of the teenager. This hearing shall be held within a period of at least six and a maximum of 10 days from the date of the application. The tax charge must comply with the requirements of the Comprehensive Criminal Code. "
39. Replace article 356 with the following:
" Art. 356.-Hearing of Evaluation and Preparatory of Judgment. The Trial Hearing and Evaluation Hearing will be conducted in accordance with the following rules:
1. The hearing will be installed, the judge will ask the
procedural subjects to speak on the formal vices regarding the actions. If relevant, they will be remedied at the same hearing.
2. The judge will rule on questions of
procedures, prejudiciality, jurisdiction, and procedural issues that may affect the validity of the process. Nullity shall be declared as long as it can influence the decision of the process or cause defenceless. Any omission will hold the judges responsible for the trial, who will be convicted on the respective coasts.
3. The judge will give the word to the prosecution for
to expose the grounds of his accusation. Then the victim will intervene, to be present and the teen's defender.
4. In this hearing, proposals for conciliation, suspension of the trial or referral may be submitted.
5. If procedural subjects are not involved,
if there are no procedural defects affecting the procedural validity, the hearing will continue, for which the parties must:
a) Announce the evidence to be presented in
the hearing of judgment, to formulate requests and approaches that estimate relevant to the test offer made by the other interveners.
b) Request the exclusion, rejection or
inadmissibility of the means of proof, in accordance with the provisions of the Law, which are designed to prove notorious or otherwise reason do not require proof.
The judge will decide in a reasoned manner rejecting the objection or accepting it and in the latter case, it will declare that evidence is ineffective until that procedural moment excluding the practice of means of proof
c) The evidentiary agreements will be made by
mutual consensus between the parties or at the request of one of them when the fact is unnecessary to prove, including on the appearance of the experts to testify on the reports presented.
6. In no case will the judge order the practice of
ex officio evidence. 7. Concluded the interventions of the subjects
Procedural, the judge will announce in a verbal manner its resolution to excel or to convene to a hearing of judgment; and, within the forty-eight hours the announced resolution will be sent by written and motivated.
8. In the end, the reason for the realization of the
hearing that collects the identity of the comparators and the judgment of the judge will be seated.
In case of an anticipated form of termination or suspension of the process, the judge proceed as provided for in the rules for the referral, the suspension to the test and the conciliation procedure. '
40. Replace Section Fourth of Chapter II,
of Title IV, of the Fourth book called "The Juzging Hearing" by the following:
" Section Fourth Trial Hearing Art. 359.-Hearing of Judgment.- The hearing of judgment will be based on the basis of the tax charge.
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The trial hearing, on the day and time indicated, will be declared to be installed by the judge who specializes in offending adolescents with the presence of the Prosecutor for teenage offenders, the teenager, together with his private or public defender. If at the moment of installing the hearing, the teenager is absent, he will be right of this fact and the hearing will be suspended until he has his presence. The judge will have the necessary measures to ensure his appearance. In the event that all witnesses or experts called to testify are not present, the judge will ask the procedural parties the relevance of continuing the hearing with which they are present listening to their arguments. Finally, the judge will decide the continuation or not of the hearing. The day and time indicated, the judge will install the oral trial, granting the word to the prosecution, the victim of being present, and the defense of the teen to present their opening arguments, before proceeding to the presentation and
The testing practice will be developed according to the rules laid down in the Comprehensive Criminal Code. Art. 360.-Closing arguments.- Concluded the test, the judge will grant the word to allege on the existence of the offence, the responsibility of the adolescent and the applicable socio-educational measure, according to the following order and dispositions:
1. The prosecutor and the defense will expose, in that order, their
arguments or arguments. If the victim requires him to intervene after the prosecutor. The replica will be entitled.
2. The judge will delimit in each case, the extension
maximum of the intervention time for the closing arguments, in attention to the volume of the test seen in the hearing and the complexity of the charges resulting from the facts contained in the indictment.
3. Once the pleadings are presented, the judge
will declare the termination of the debate and deliberate to announce the oral sentence on the responsibility and the socio-educational measure.
4. In case the innocence of the
teenager " is ratified, the judge will have his immediate freedom if he is deprived of it, will lift all the precautionary measures imposed and will issue the corresponding orders without delay. The freedom order will proceed immediately even if the statement has not been executed or resources are interposed.
Art. 361.-The judgment.- The oral decision of the judge specializing in adolescent offenders will be reduced to written in judgment.
The sentence will contain both the motivation of the existence of the infringement, the responsibility or not of the adolescent, as well as the determination of the socio-educational measure and the integral repair to the victim, where appropriate. The judge will order the notification with the contents of the judgment, within three days after the completion of the hearing. From this, it will run the term to present the corresponding challenges according to the provisions of the Law. Art. 362.-Statement requirements.- The statement will contain:
1. The judge's indication specializing in
the offending adolescents, the place, the date and time it is issued; the names and surnames of the teenager and the other data that they serve to identify it.
2. The enunciation of the tests performed and the
precise and circumstantial relationship of the punishable fact and the acts of the adolescent that the judge considers to be proven.
3. The judgment of the judge, with the exposition
motivated by its foundations of fact and law.
4. The resolutive part, with mention of the
legal provisions applied. 5. The indication and duration of the measure
socio-educational; and, its form of compliance, where appropriate.
6. Comprehensive repair and its form of compliance. 7. The existence or not of an undue performance by
part of the public prosecutor or public defender or public defender. In such a case, the judgment will be notified to the Council of the Judicature for the corresponding procedure.
8. The order to destroy the samples of the substances
for illicit production or trafficking of scheduled substances subject to audit.
9. The provision to the Teens Centers
offenders or Zonal units of integral development for adolescent offenders of the obligation to report reports of follow-up and control of the imposed measure.
10. The judge's signature.
Art. 363.-Existence of several sentenced adolescents.- If several adolescents are sentenced, the judge must refer to each of them and indicate whether they are authors or accomplices; or, to confirm their innocence. In the latter case, it will order the cessation of all precautionary measures.
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Art. 363-a.-Notification.- Resolutions adopted by the judge specializing in offenders who restrict freedom or those who declare the expiration, suspension, revocation or replacement of preventive detention, dismissal, prescription, as well as the judgment declaring the responsibility or confirming the innocence, shall be notified in a compulsory manner to the Ministry responsible for the affairs of justice and human rights, and when relevant to the Police Specialized in Children and Adolescents and the National Directorate of Migration. Art. 363-b.-Time of the socio-educational measure.- The judge specialized in adolescent offenders will determine precisely the time and mode of the socio-educational measure that the adolescent will have to fulfill. For the purposes of computing the penalty count every day of the year. It is understood that the day is twenty-four hours and the month is thirty days. The duration of the preventive detention will be computed to the socio-educational measure. Where in preventive detention the time provided for in the socio-educational measure is exhausted, the judge shall declare it extinguished and order the immediate release of the adolescent, without the need for another document or requirement for it to be effective. Art. 363-c.-Opportunity to execute the socio-educational measure.- The socio-educational measure will be fulfilled once the sentence is executed. No pregnant teenager, whatever her gestation period, may be deprived of her or her freedom or be notified with a sentence, but ninety days after delivery. In no case shall socio-educational measures of liberty be applied to adolescents who have permanent total disability that limits their performance. Art. 363-d.-Reparation in the judgment.- Any sentence of conviction shall include the imposition of one or more conditions on the integral repair of the victim, in accordance with the following rules:
1. The victim must be identified and does not require
to have been actively involved in the process. 2. The repair will be discussed at the trial hearing. 3. If there is more than one responsible, the judge
will determine the modality of the repair based on the circumstances of the infringement and the degree of participation as an author or accomplice, and whether the crime was committed in a painful or culpable manner.
4. In cases where the victims are repaired
for actions of a constitutional nature, the judge will refrain from applying as a sanction the forms of reparation determined judicially.
5. If the repair is quantifiable in money, to fix the amount the necessary justification is required.
6. The obligation to repair the victim monetarily to the
victim " has first class privilege in relation to other obligations of the adolescent. The judge will use the mechanisms provided for in the debt collection law.
7. The judge will be able to determine the modalities of
payment, if voluntarily accept the convicted teen and the victim.
8. In no case, the mode of payment of the
monetary repair can lead the teen or his legal representative to an economic situation that prevents him from living a decent living.
Art. 363-e.-Comprehensive repair mechanisms.- The individual or collective integral repair mechanisms are:
1. The restitution of the situation that existed of not
having committed the illicit fact. 2. Material damages and
damages, refers to compensation for any damage resulting from an infringement and which is economically evaluable.
3. Non-pecuniary satisfaction measures
aimed at repairing the immaterial damage caused to the victim.
4. The guarantees of non-repetition, are directed to the
prevention of violations of rights and the creation of sufficient conditions to avoid the reiteration of the same. They identify with the adoption of the necessary measures to prevent victims from being affected by the commission of new infringements of the same gender. "
41. Replace item 366 with the following:
" Art. 366. Resources. The appeals, nullity, fact, appeal and review proceed in accordance with the Penal Integral Organic Code. "
42. Delete Title V of the Fourth Book and its contents. 43. After Title IV of the Fourth Book, add the
next Book:
" BOOK FIFTH SOCIO-EDUCATIONAL MEASURES I TITLED THE SOCIO-EDUCATIONAL MEASURES CHAPTER I COMMON PROVISIONS Art. 370.-Scope.- The system of socio-educational measures imposed on adolescents is applied for the purpose of criminal offences established in the Penal Integral Organic Code in accordance with Article 319 of this Code.
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Art. 371.-Purpose of the socio-educational measures.- The socio-educational measures aim at the protection and development of the adolescent offenders, guarantee their education, family integration and constructive inclusion to the society, as well as promoting the exercise of other human rights in accordance with the Constitution, international instruments ratified by Ecuador and this Book. Art. 372.-Socio-educational measures classes.- The socio-educational measures are:
1. Privativas de libertad. 2. Non-custodial.
Art. 373.-Appreciation of age.- For the imposition of the socio-educational measures, the age that the adolescent had at the date of the commit of the offence shall be considered. Art. 374.-Competent Authority.- The judges who are specialized in criminal offenders are competent for the judicial review of the implementation of the socio-educational measures that apply. Art. 375.-Post-compliance assistance for the socio-educational measure.- The State through the different public institutions is responsible for providing the adolescent with social and psychological assistance after the measure has been implemented. socio-educational, by means of specialized entities, whose monitoring and evaluation corresponds to the Ministry responsible for the affairs of justice and human rights, according to the time it deems necessary. Art. 376.-Conventions.- For the fulfilment of the socio-educational measures, the State may enter into agreements with public or private entities that guarantee the fulfilment of the objectives and conditions set out in this Book. CHAPTER II TECHNICAL BODY Art. 377.-Competent entity.- The Ministry responsible for justice and human rights matters is the governing body and executor of public policy on offending adolescents, for which it will count with the organic structure and specialized personnel necessary for the integral care of the and the offending adolescents, the administration and management of the Center of Adolescent Offenders and Zonal Units of integral development of (i) the following: (i) the following: The Ministry responsible for justice and human rights issues will regulate the organization, management and articulation of public and private entities necessary for the proper functioning of the Centers of Adolescent Offenders and Units.
for adolescent offenders, to ensure compliance with the objectives of the socio-educational measures and the exercise and protection of the human rights of the adolescents and the rights guaranteed in the Constitution of the Republic. CHAPTER III NON-PRIVATE AND PRIVATE SOCIO-EDUCATIONAL MEASURES OF FREEDOM Art. 378.-Non-proprietary socio-educational measures of freedom.- The non-custodial socio-educational measures that can be imposed are:
1. Admonition: it is a call for verbal attention
made directly by the judge, the teenager; and, his parents or legal representatives or those responsible for his care to understand the illiteness of the actions.
2. Imposition of rules of conduct: it is the
compliance with certain obligations and restrictions to understand the illiteness of the actions and modify the behavior of each adolescent, in order to achieve the integration family and social environment.
3. Family partner psycho support and guidance: is the
obligation of the adolescent and his parents, legal representatives or responsible for their care, to participate in programs of orientation and family support to achieve the adaptation of the adolescent to your family and social environment.
4. Service to the community: these are concrete activities
of community benefit imposed by the judge, so that the adolescent performs them without prejudice to their integrity and dignity, nor affect their academic or work obligations, taking considering their age, their skills, abilities and skills, and the socio-educational benefit they report.
5. Assisted freedom: is the state of freedom
conditional on compliance with guidelines and restrictions of conduct set by the judge, subject to guidance, assistance, supervision and evaluation, forcing the teenager to comply educational programs, to receive guidance and follow-up, with the assistance of specialists and people with knowledge or skills in the treatment of adolescents.
Art. 379.-Private socio-educational measures of freedom.- The social-educational measures deprived of liberty are:
1. Home internment: is the partial restriction
of the freedom by which the teenager cannot leave his home, except to attend the establishment of studies, health and work.
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2. Weekend Interment: is the restriction
partial of the freedom under which the teenager will be obliged to attend the weekends to the Center of Teenage Offenders, which allows him to maintain his relations family and usually go to the establishment of studies or work.
3. Detention with a semi-open regime: is the
partial restriction of the freedom by which the adolescent enters a Center of Adolescent Offenders, without impeding his right to attend normally to the establishment of study or job.
4. Institutional internment: it is the total deprivation of
the freedom of the adolescent, who enters a Center of Adolescent Offenders, without prejudice to the application of the programs established for his treatment.
CHAPTER IV SYSTEMS FOR THE EXECUTION OF SOCIAL EDUCATIONAL MEASURES DEPRIVED OF LIBERTY Art. 380.-Implementation of the socio-educational measure of Institutional Interment.- The implementation of the socio-educational measure of institutional interment, perform under the following regimes:
1. Closed. 2. Semi-open. 3. Open.
A teenager can move from one regime to another, on the order of the judge, because of the progressive fulfillment of the individualized plan of application of the socio-educational measure, the number of disciplinary faults committed, and the time compliance with the socio-educational measure, in accordance with the requirements laid down in this Code. In the above mentioned regimes, the individual plan of application of the socio-educational measure and its implementation will be elaborated, in the closed and semi-open systems it will also regulate its population location.
Art. 381.-Closed Regime.- It consists of the full-time internment of the adolescent offender in a Center for the fulfillment of the social-educational measure of freedom. Art. 382.-Semi-open system.- It consists in the execution of the socio-educational measure in a Center of Adolescent Offenders, with the possibility of being absent for reasons of education or work. In addition, family, social and community integration activities will be carried out. In case of non-compliance with the regime, the adolescent will be declared on the run.
If sixty percent of the socio-educational measure is met, the institutional internment closed by that of the Detention with semi-open regime or weekend detention. Art. 383.-Open system.- It is the period of social inclusion in which the adolescent will live in his social environment in which the adolescent will live in his family and social environment supervised by the Ministry responsible for the affairs of justice and human rights. This regime can be revoked by the judge, at the request of the Coordinator of the Center when there is reason for this, in consideration of the reports of the technical team. In the event of failure to comply with this regime without sufficient and proven justification, in addition to the revocation of this benefit, the judge, at the request of the Coordinator of the Center, may declare the adolescent as a fugitive. To access this regime, it requires the fulfillment of eighty percent of the socio-educational measure. At this stage, the teenager will present himself periodically to the judge.
This regime will not be able to access the adolescents who are from a Center of Teenage Offenders. Art. 384.-Application of the socio-educational measures in contravention.- For cases of contraventions, the measure of admonition to the adolescent and the call of attention to the parents will be applied and one or more of the following measures:
a) Imposition of rules of conduct from one to three
months. b) Guidance and support psycho family partner of one to
three months. c) Services to the community of up to one hundred hours.
Article 385.-Application of the socio-educational measures in crimes sanctioned in the Penal Integral Organic Code.- The socio-educational measures applicable to the crimes sanctioned in the Integral Penal Code Criminal are:
1. For cases of penalty punishable offences
imprisonment of more than one month up to five years, the measure of admonition and one or more of the following measures shall apply:
a) Imposition of rules of conduct from one to six
months. b) Guidance and support for a family partner of three to
six months. c) Services to the community of one to six months. (d) Assisted freedom from three months to one year.
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e) Three-month to one-year home internment. f) One-to-six weekend interment
months. g) Interment with a semi-open regime of three
months to one year.
2. For cases of offences punishable by a custodial sentence of more than five years and up to ten years, the measure of warning shall apply and one of the following measures:
a) Home internment from six months to one year. b) Six-month weekend interment to a
year. (c) Interment with a semi-open regime of six
months to two years. d) Institutional interment of one to four years.
3. For cases of penalty-sanctioned crimes
imprisonment for more than ten years, the four-to eight-year institutional detention and detention measure will apply.
In addition and six months before the end of the year. A comprehensive assessment will be carried out to determine the need for monitoring and control of up to two years after the measure has been implemented. For cases of crimes against sexual and reproductive integrity, the judge who specializes in adolescent offenders will also impose an obligation for the teen to attend sex education programs, within the treatment of the measures. socieducative. Art. 386.-Application or modification of the implementing systems.- The judge who specializes in criminal offenders will be in the hearing, the application for application or modification of the system of execution of the socio-educational measure of detention. The amendment applies after the presentation of the reports issued by the technical team of the Center for Adolescent Offenders, where the measure is being complied with. The application shall be submitted by the offending teenager, his public or private defender or by the Coordinator of the Centre, if he fulfils the time provided for each implementing scheme. The hearing will be attended by the teenager, his legal representatives or those responsible for his care and his public or private defender. The Coordinator of the Center, based on the reasoned reports of the technical team, may request the Judge to revoke a modification granted. Before resolving, the Juzgador will listen to the teenager.
Art. 387.-Non-compliance with socio-educational measures.- In the event of non-compliance with the socio-educational measures of the imposition of rules of conduct, orientation and psycho support to the family or service to the community, the judge will impose the measure of Assisted freedom or home detention for the remaining time of the initial measure. In the event of non-compliance with the socio-educational measures of assisted freedom, home detention, weekend detention and detention with a semi-open regime, the judge will impose the socio-educational measure immediately above the the remaining time of the initial measure. When the teenager abscond from the establishment he will be prosecuted for the offence of evasion, without prejudice to the fact that upon being apprehended again he will serve the missing time of the initial measure.
The Coordinator will present to the judge the reports of non-compliance with the measure, issued by the technical team of the Centre for Adolescent Offenders or the Zonal Unit for the Comprehensive Development of Adolescent Offenders, who after making a concusely check for such non-compliance for reasons attributable to the teen, you will impose the top measure.
Art. 388.-Continuity of the fulfillment of socio-educational measures of the oldest age.- The adolescent sentenced to reach the age of majority will continue with the socio-educational measure imposed. If it is a socio-educational measure of liberty, it will remain in a special section in the same Center of Adolescent Offenders. Art. 389.-Emerging exits.- The teen is guaranteed the emerging exit from the institutional internment center to:
a) Receive specialized medical care, when this
cannot be provided in the center. (b) Accuse to the Sepelium of their ancestors or
first-degree descendants, their spouse or partner in fact, as well as to visit them in their grave disease bed.
In these cases, the exits will be carried out under the supervision of the Specialized police in Ninez and Adolescencia, who will be responsible for returning the teen to the center, once the need has been met. Art. 390.-Model of comprehensive care.- The socio-educational measures must be implemented progressively according to the individualized program and the guidelines of the model of comprehensive care provided for by the Regulation that is dictated to its effect. The comprehensive care model is developed in five axes:
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1. Self-esteem and autonomy:
Awareness of the responsibility of their actions, their integral human development and respect for the Law will be promoted.
2. Education: The constant
learning will be encouraged. This will guarantee income, re-entry and permanence in the educational system, so the use of free time will be aimed at educational educational use.
3. Comprehensive health: there will be a clinical history and
comprehensive medical. Constant checks will be carried out for the timely detection of possible diseases and provide preventive and curative health in addition to programs of assistance, orientation and treatment in case of addictions and others.
4. Occupational Occupational: To ensure a
quality training that will enable the teenager over the age of 15 to develop skills for insertion into the labor market, generating strategies of micro entrepreneurship, implement training activities in different areas.
5. Family or affective links: To promote the
constant link that benefits family and social reintegration, activities aimed at recovering, building, maintaining and strengthening family ties will be planned. teen with his family of origin or with those people who created bonds of affection and who are a reference for his life.
TITLE II CENTERS OF TEENAGE OFFENDERS AND ZONAL UNITS OF INTEGRAL DEVELOPMENT
Art. 391.-Instances responsible for the implementation of the socio-educational measures.- The socio-educational measures are fulfilled in:
1. Centers of adolescent offenders, in which
the adolescents remain to whom precautionary measures or social-educational measures are imposed.
2. Zonal units of integral development of
adolescent offenders, in which attention is paid to those who are imposed a non-custodial socio-educational measure of freedom. These units will be responsible for analyzing the situation of the adolescent, for selecting and assigning the private or public institution that has the program, professionals and necessary equipment, that will ensure the execution of the socio-educational measure.
Art. 392.-Compulsory registration of the offending adolescents.- In the Centers of Adolescent Offenders and in the Zonal Units of Developmentintegral of adolescent offenders, will take a record of each adolescent to end facilitate the specialized treatment for their integral development. If the socio-educational measures imposed, this registration will be eliminated. Art. 393.-Sections of the Offending Adolescent Centers.- The Centers of Adolescent Offenders are separated in the following sections:
1. Interim internment section for
teens entering by effect of a precautionary measure.
2. Guidance and support section for the
compliance with weekend internment and internment of semi-open internment measures.
3. Internment Section for compliance with
socio-educational measures of closed-regime institutional internment.
Within the sections specified in numerals 2 and 3, four subsections will exist:
a) adolescents under the age of 15. b) Teens between fifteen and eighteen years of age
age. (c) Over eighteen years of age and up to
twenty-four years. d) Over twenty-four years of age.
The coordinator of the Center will take care of the necessary preparation for the transition in each of these subsections. All sections of specialized care will have housing, communal and life areas suitable for the development of activities and programs. The Centres of Teenage Offenders would only welcome teenagers of the same sex. In cities where there are no sex-separated centers, it is possible to accommodate the adolescents, provided that the environments are totally separated. Art. 394.-Income.- A teenager will only enter the Center of Teenage Offenders with a competent authority or for having been arrested in flagrant crime. Teens detained for investigation will be admitted to an existing temporary reception section at all Center for Offender Teens. From the moment of the adolescent's entrance to the Center, he will be informed in a clear and simple way about his rights, duties, rules and routines of the coexistence in the Center.
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Art. 395.-Mandatory health examination.- The adolescents will undergo a medical examination at the time of their entry and exit from the Centers of Adolescent Offenders and will be provided with care and medical treatment. If there are signs of aggression against physical, psychological or sexual integrity, the health professional has an obligation to inform the prosecution. Art. 396.-Internal and external security of the offending adolescent centres.- The internal and external security of the Centres for the deprivation of liberty of adolescents, will be the responsibility of the Ministry responsible for the affairs of justice and rights human. External security will be the responsibility of the specialized police of Ninevez and Adolescence. Art. 397.-Supervision and surveillance.- The specialized personnel responsible for the custody of the adolescents within the Centers and in the transfer, must guarantee their physical integrity, as well as the safety of the centers and, of the people who they find in them. Art. 398.-Transfer.- The Coordinator, the teenager, his legal representative, curator or responsible for his care, can request the Ministry in charge of justice and human rights matters to transfer them in the following cases:
1. Family closeness. 2. One or several diseases caused by the
that the teen is in danger of death. 3. Need for specialized treatment, as
security measure, for a mental disorder, for which a psychiatrist will certify with your report.
4. Safety of the teenager or centre. 5. Conditions of overcrowding.
Only the adolescent can make use of the decision of the transfer arranged by the Ministry responsible for the affairs of justice and human rights or his refusal, before the judge of the offending adolescents.
Art. 399.-Security criteria in the Centers for Adolescent Offenders.- The safety criteria that apply in the Centers of Adolescent Offenders are:
1. The discipline based on training programs
aimed at developing the adolescents ' skills, enriching their knowledge, improving their technical, professional or occupational skills and making up for their shortcomings.
2. The permanence of the adolescent in a harmonious place free of coercive measures, always oriented to family support and therapeutic social care.
3. Education, through schooling
compulsory, educational options, physical culture and general instruction and sociocultural and sports activities.
4. Comprehensive health and permanent treatment. 5. The visitation regime.
CHAPTER I THE TREATMENT Art. 400.-Individual Plan of Application of the Socio-Educational Measure.- For adolescents in assisted freedom, home internment, weekend internment, With semi-open regime and institutional internment, individual implementation plans of the socio-educational measure will be developed and implemented, in accordance with the respective Regulations.
Art. 401.-Programs.- The programs that are carried in the centers will be framed in the following categories:
1. Education program that includes instruction
basic and superior, formal and informal that contributes to the development of the skills and motor skills, psychoaffective and cognitive learning, in order to guarantee their access and permanence to the educational system.
2. Sexual assault and violence reduction program
. 3. Program of physical culture and sports. 4. Cultural and artistic program. 5. Physical, sexual and mental health program. 6. Work, productive and
community service activities program. 7. Program of crafts and plastic arts. 8. Program that strengthens family ties. 9. Programme of participation and human rights. 10. Program of promotion and agricultural development. 11. Programs and projects approved by the Ministry
in charge of justice and human rights issues.
12. The other to be determined by the Regulation.
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Art. 402.-Registration of program activities.- Each Center will carry a record of activities that the adolescent will fulfill and his progress in the same, according to his individualized program of application of the socio-educational measure, in which consist of the reports of the technical team, the assessment of the integral development, the results, observations and recommendations that are presented on a quarterly basis to the entity in charge. Art. 403.-The teen's income from the center.- The approximate date of the teen's egress is informed to his or her relatives, representatives or persons in charge of his care and the competent judge. In order for the adolescent to continue with the training or education received during his stay in the center, he should be informed of the educational or training options in which he can enter into freedom. Art. 404.-Measures of control and discipline.- The Coordinator of the Center, after the due process and the report of the technical team, will have the application of control and discipline measures provided for in the respective regulations. Art. 405.-Assistance to the sanctioned teenager.- The adolescent will be regularly attended by the medical, psychology, social work and education services, who will follow their evolution.
Art. 406.-Fhighs that entail presumptions of criminal responsibility.- In case the offenses committed by the adolescents in the centers carry serious presumptions of criminal responsibility, the Coordinator of the Center will communicate it to the Prosecutor's Office. CHAPTER II REGIME OF VISIT Art. 407.-Family and social relations.- In order to strengthen or restore relations with the family and the community, a system of visits for the private adolescent of freedom will be guaranteed.
Art. 408.-Authorized visits.- Teenage offenders deprived of liberty have the right to maintain contact and receive visits. They may refuse to receive certain visits, for which they will give to the administration of the Center a list of unauthorized persons to visit, which can be modified at verbal request. Art. 409.-Characteristics of the visitation regime.- The visits will be carried out in an atmosphere that allows privacy and privacy and is in accordance with human dignity, in places and conditions that guarantee the security of the centers.
This rights will be exercised on a level playing field, without any discrimination.
Art. 410.-Time of visits.- The adolescents receive visits in accordance with the schedule set out in the respective Regulations. Visits are prohibited in the evening hours. Art. 411.-Prohibited objects.- It is prohibited to enter any type of weapons, alcohol and scheduled substances subject to supervision, telephones or communication equipment or any other instrument that attacks the security and peace of the Center. Any person who is discovered entering with such objects shall be detained and placed at the orders of the authorities concerned. Art. 412.-intimate visit.- People over the age of eighteen, have the right to intimate visits by their partner. The Centre shall have adequate facilities to protect the right to privacy. CHAPTER III DISCIPLINARY REGIME FOR ADOLESCENT OFFENDERS Art. 413.-Competent Authority.- The disciplinary authority in the centers corresponds to its Coordinator.
Art. 414.-Preventive security.- The persons responsible for the safety of the centres shall take urgent measures to prevent or prevent disciplinary offences, provided that they do not violate the integrity of the adolescents, immediately to the Coordinator of the Center. Art. 415.-Obligations of the offending adolescents. These are obligations of the following offenders:
1. Comply with the rules laid down in the
Constitution, laws and regulations. 2. Respect the dignity, physical, mental, and
sexual integrity of all people found in the Centers.
3. Care for the goods and materials that are
delivered to you for use. 4. Refrain from causing any material damage to
the Centers. 5. Assist in the conservation and grooming of the Center. 6. Fulfill the legitimate instructions given by
Center officials.
Art. 416.-High disciplinary officers.- The disciplinary offences are classified as minor and serious and shall be punished in accordance with the respective regulations. Art. 417.-Mild Flows.- Cometen minor fouls the adolescents who incur any of the following acts:
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1. Put your own security, that of the
other people or the center at risk. 2. Disobey orders and affect provisions
minimum. 3. Inobserving the order and discipline in activities that
are performed in the center. 4. Disobey established schedules. 5. Interfere with the teen count. 6. Remain and transit without authorization in places
considered as security and management areas of the center.
7. Neglect the toilet of the room, services
toilets, workshops, classrooms, patios and the center in general.
8. Dump garbage out of the sites set for
their collection. Art. 418.-Serious high-ups.- Cometen serious misconduct adolescents who incur any of the following acts:
1. Verbally or physically assaulting another person. 2. Destroy the facilities or assets of the centers. 3. To raid the administrative offices of the center. 4. Violate the correspondence of any person. 5. Disobey the safety standards of the center. 6. To cause minor injuries to anyone. 7. Participate in squabbles. 8. To hinder the requisitions that are carried out. 9. Launch dangerous objects. 10. Obstructing locks. 11. Make electrical, sanitary, and water connections
safe to endanger the safety of the center or its occupants.
12. Maintain illicit business within the centers. 13. Cause collective disorders or instigate the
themselves. 14. Enter and distribute in the center, objects that are not
authorized by the appropriate authorities.
15. Cause damage or perform activities to disable
the center.
16. Threaten or coerce against the life or integrity of any person.
17. Violently resist the fulfillment of orders
legitimate authority. 18. Poseer tools, tools or utensils
work outside the work areas. 19. Refuse to go to the judicial proceedings of
unjustified manner.
Art. 419.-Sanctions.- Depending on the severity, the following penalties shall be imposed:
1. Admonition. 2. Disblame and repair the damage caused in your
totality. 3. Restriction of external communications. 4. Restriction of telephone calls.
The determining criterion for graduating the penalty applicable to adolescents is the objective gravity of the event. Art. 420.-Administrative procedure.- The administrative procedure to punish the adolescents is brief, simple, oral, respect the due process and the right to be heard by himself or through a private or public defender, compliance with the following rules:
1. The administrative procedure will start at the request
of any person who knows the commit of a fault or by the staff of the centers. The name of the complainant shall not be made public, or any data identifying him inside or outside the centre.
2. The Coordinator of the Center will summon the parties
involved, the parents, legal representative or responsible for their care and will notify them with all the documents and other writings in which they contain elements of conviction of the alleged committing a disciplinary failure in order to exercise their defense.
3. After twenty-four hours of the notification,
will be called to the hearing where the parties will be heard. The teenager will always be heard as a last intervention. In the same hearing, the evidence that the parties or the Coordinator of the Center considers relevant to check the disciplinary misconduct or to undermine it shall be conducted.
4. The Coordinator of the Center at the same hearing,
will resolve and leave written record of the fact, the lack and the sanction or acquittal.
In all cases that are required judicial pronouncement, the administrative authority will send the case to the judge of teenage offenders.
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Art. 421.-Alteration of the order in the Adolescent Offenders Centers.- When there is a riot or a serious alteration of the order in a center, the Coordinator of the Center will request, if necessary, the intervention of the specialized Police of the childhood and adolescence in the measure and the time necessary for the restoration of order. Art. 422.-Fuga.- In case of escape, the Coordinator will have the immediate search and apprehension of the teenager, by all means at his fingertips and will put this fact to the knowledge of the specialized judge. The entity in charge will be informed to establish the liability of the flight, as well as the prosecution for its investigation. Art. 423.-Extra rules.- The rules laid down in the Comprehensive Criminal Code are supplementary to this Book as far as is not foreseen and in whatever is relevant. "
44. In the Organic Code of Childhood and Adolescence, the
Title VI of the Fourth Book entitled "Prevention of the criminal offence of adolescents" and all its articles becomes part of the Fifth Book, and as Title V.-Articles 387.- Co-responsibility of the State and civil society, 388.-Supervision of the National Council of Children and Adolescents, and 389.-Repeal, they are renumbered as Articles 424, 425 and 426 respectively.
REPEAL provisions
FIRST: Repeal the Criminal Code, published in the Supplement to the Official Register No. 147 of 22 January 1971 and all subsequent reforms. SECOND: Defeat the Code of Criminal Procedure, published in the Supplement to the Official Record No. 360 of January 13, 2000 and all subsequent reforms. THIRD: Defeat the Code of Execution of Peñas, published in the Supplement to the Official Register No. 282 of 9 July 1982, its codification and all subsequent reforms. FOURTH: Defeat the final paragraph of Article 180 of the Coding to the Code of Civil Procedure, published in the Supplement to the Official Register No. 58 of 12 July 2005. QUINTA: Defeat Articles 11, 13, 13A, 14, 16, and 17 of the Administrative Contentious Jurisdiction Act published in the Official Register No. 338 of March 18, 1968. SIXTH: Defeat Articles 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, first and second of art. 200, and 201 of the Organic Code of Production, Trade and Investments published in the Supplement to the Official Register No. 351 of December 29, 2010.
SEVENTH: Defeat in the Law on Narcotic Drugs and Psychotropic Substances, published in the Supplement to the Official Register No. 490 of December 27, 2004, of Title V "Of Violations and Penas" of Article 56 and the Chapter I "Of offences." In Title VI "Of Preprocedural Actions, Competition and Procedure" Articles 101, 102, first indent of Article 103, 104, 105, 108, 109, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 and 126. EIGHTH: Repeal the Anti-Use Act published in the Official Register No. 108 of April 18, 1967. NINTH: Defeat Title V, from Article 57 to Article 64, of the Electronic Commerce, Firms, and Data Message Act published in the Supplement to the Official Register No. 557 of April 17, 2002. DECIMAL: Defeat the last paragraph of Article 54 and Article 78 of the Social Security Act published in the Supplement to the Official Register No. 465 of November 30, 2001. TENTH FIRST: Defeat Articles 477 and 478 of the Organic Code of Territorial Organization, Autonomy and Decentralization published in the Supplement to the Official Register No. 303 of 19 October 2010. TENTH SECOND: Defeat the third paragraph of Article 26 of the Mining Act published in the Supplement to the Official Register No. 517 of January 29, 2009. TENTH THIRD: Repeal Article 29 of the Agrarian Development Act published in the Supplement to the Official Register No. 315 of 16 April 2004. TENTH FOURTH: Defeat Chapter II "Of the infractions and penalties" contained in Articles 76 to 78 of the General Insurance Act published in the Official Register No. 403 of 23 November 2006. TENTH FIFTH: Defeat Article 94 of the Coding of the General Law of Financial System Institutions published in the Official Register No. 250 of January 23, 2001. TENTH SIXTH: Defeat Articles 204, 213, 214, 215 and 217 of the Codification of the Securities Market Act published in the Supplement to the Official Register No. 215 of 22 February 2006. TENTH SEVENTH: Defeat Article 37 of the Coding of the Migration Law published in the Official Register No. 563 of 12 April 2005. TENTH EIGHTH: Deroguense of Title III called "From the Infrastructures of Transit" constant in the Third Book of the Organic Law of Land Transport, Transit and Road Safety published in the Supplement of the Official Register No. 398 of 07 of August 2008, the following: Chapter I, Chapter II, Chapter III, Chapter IV, Chapter V, Articles
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149, 150, 151 and 152 of Chapter VI, Chapter VIII, Articles 160, 161, 162, 167, 168, 169, 170, 171, 172, 173, and 174 of Chapter IX, Articles 175 and 176 of Chapter X; and Articles 177, 178, 178.1 and 180 of Chapter XI. TENTH NINTH: 318, 319, 320, literals (i) and (j) of Art. 323, 324, 325, 326, 327, fourth innumbered added to Article 329 (confiscation), Article 330, first unnumbered added to Article 330 (imprisonment sentences) Articles 339, first, second and fourth of the art. 340, first and second points of art. 341, 342, 343, 344, 345, 346, 354, 358, first number added to 358 (popular action) and 359 of the Coding of the Tax Code published in the Supplement to the Official Register No. 38 of 14 June 2005. 20TH: Deroguese Article 18 of the Encoding of the Single Taxpayer Register Act published in the Supplement to the Official Register No. 398 of 12 August 2004. TWENTIETH FIRST: Defeat Article 109 of the Organic Law of Internal Tax Regime published in the Supplement to the Official Register No. 463 of 17 November 2004. TWENTIETH SECOND: Defeat Articles 319 to 331, and the second paragraph of Article 342 of the Encoding of the Law on Intellectual Property published in the Supplement to the Official Register No. 426 of 28 December 2006.
TWENTY THIRD: Repeal Title I of the Law against Violence against Women and the Family published in the Official Register No. 839 of 11 December 1995. TWENTIETH FOURTH: Defeat Articles 14 to 18 of the Law to repress the Laundering of Assets published in the Official Register No. 127 of 18 October 2005. TWENTIETH FIFTH: Defeat Articles 84 and 93 of the Coding of the Civil Aviation Act published in the Official Register No. 435 of January 11, 2007. TWENTIETH SIXTH: Derogate other general and special provisions that oppose the present Penal Integral Organic Code.
FINAL DISPOSITION The Criminal Integral Organic Code will take effect in one hundred and eighty days. They are counted from their publication in the Official Register, with the exception of the reform provisions to the Organic Code of the Judicial Function, which will take effect from the publication of this Code in the Official Register. Given and subscribed, at the headquarters of the National Assembly located in the Metropolitan District of Quito, Pichincha Province, at twenty-eight days of the month of January 2014. f.) Gabriela Rivadeneira Burbano, president. f.) Dr. Libya Rivas Ordonez, GENERAL SECRETARY.
