Comprehensive Criminal Code

Original Language Title: Código Orgánico Integral Penal

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Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/document.pdf



CONSIDERING: That article 1 of the Constitution of the Republic of Ecuador part of the national legal systems within the guidelines of a constitutional state of rights and justice and that it is necessary to make regulatory changes that respond coherently to the spirit of the Constitution; In the first subparagraph of article 424, ordered that the Constitution is the Supreme standard of the State and prevails over any other of the legal system and therefore norms and acts of public power must maintain compliance with constitutional provisions; Than the literal b), paragraph 3, article 66 of the Constitution of the Republic of Ecuador recognizes and guarantees people a life free of violence in public and private, and ordered the adoption of measures to prevent, eliminate and punish all forms of violence; especially the exerted against women, girls, children and adolescents, older adults, people with disabilities and against any person in a situation of disadvantage or vulnerability; identical measures will be taken against violence, slavery and sexual exploitation; That the Constitution, in accordance with article 75, recognizes people the right to free access to justice and the supervision effective, impartial and expeditious their supplement - official record No. 180 - Monday, February 10, 2014 - 5 rights and interests, subject to the principles of immediacy and speed, and that in no case will be exposed; That the article 76 of the Constitution orders that in all process in which is determine rights and obligations of any order, as for them criminal, is will ensure them guarantees that integrate the due process, guarantees of the Defense for the person processed and guarantees for them victims, that must be pipelined through the law criminal; That the Constitution recognizes to them people private of freedom, of compliance with the article 51, the right to not be isolated, to communicate is, to receive visits, to declare on the try received, to count with resources human and necessary for enjoy of health integral, to the attention of their needs educational, labor, productive, cultural, food and recreational, and to receive attention preferential and specialized for people adult older , pregnant or breast feeding, with special, diseased or adolescent capabilities; That the Constitution prescribes in article 78 victims of criminal offences are entitled to special protection, to not be revictimizadas and on the adoption mechanisms for a comprehensive service that includes the 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, actions for violations of genocide, against humanity, crimes of war, enforced disappearance of persons and aggression to a State will be imprescriptible; That in accordance with the article 233 of the Constitution, the actions and the penalties by them offences of embezzlement, bribery, concussion and enrichment illicit are imprescriptible; That in accordance with the fourth subparagraph of article 396 of the Constitution, the legal action to prosecute and punish environmental damage are imprescriptible; Due proportionality between offences and criminal sanctions should be established in accordance with article 76 of the Constitution, there must be non-custodial of the freedom, which must respect the rights of the people and be imposed through procedures adversarial, transparent and fair; That the criminal code, code of criminal procedure and code of execution of sentences and Social rehabilitation were enacted before the entry into force of the present Constitution and its rules, should be updated and adapted to the new requirements of the constitutional state of rights and justice; That adjective criminal law must ensure the existence of an adversarial system, having prosecutors who promote the exercise of criminal action within the principles and foundations of the adversarial system, with defenders public that technically sponsor to persons accused of committing an offence and persons who, by their State of helplessness or economic status social or cultural, they can not hire the services of legal advocacy for the protection of their rights, and with judges and judges which addressed the process and are guarantors of the rights of procedural participants; To comply with the provisions of article 201 of the Constitution, is urgent to replace the current system of execution of sentences by another having as a priority the development of the capacities of persons criminally sentenced for exercising their rights and fulfilling their responsibilities to regain their freedom, is rehabilitating and re-attaching in the society; That the system criminal in its component substantive maintains types obsolete, because not responds to the needs current of the population; adjective component is inefficient and has failed to secure fair, simple, quick process, or has not properly coordinated actions between all actors; and, in its Executive component it has not fulfilled its objectives and it has become a bureaucratic and ineffective, system which justifies a urgent and comprehensive reform of the Penal system as a whole; That in the consultation popular of 7 of mayo of 2011, the village is delivered on themes relating to the procedure criminal: the expiration of the prison preventive and measures substitute to the deprivation of freedom; and, the need to establish private unjustified enrichment and non-membership to the IESS of workers in dependency ratio; The National Assembly in accordance with article 84 of the Constitution, has the obligation to adapt, formally and materially, the laws and other legal norms to the rights provided for in the Constitution and international instruments; In exercising its constitutional and legal powers issued the following: organic INTEGRAL criminal book preliminary rules governing title I purpose article 1.-purpose-this code is intended to regulate the punitive power of the State, establish criminal offences, establish the procedure for the trial of people with strict observance of due process, to promote the social rehabilitation of convicted persons and the reparation of the victims.

6-supplement-registration official No. 180-Monday 10 of February of 2014 title II guarantees and principles General Chapter first principles General article 2-principles General.-in matter criminal is applied all them principles that emanate of the Constitution of the Republic, of them instruments international of rights human and them developed in this code. Article 3.-principle of minimum intervention.-it intervention criminal is legitimate provided is strictly necessary for the protection of the people. It is a last resort, when there are sufficient extrapenales mechanisms.

SECOND chapter guarantees and guiding principles of the criminal process article 4.-dignity human and ownership of rights and involved in the criminal proceedings are holders of human rights recognized by the Constitution and international instruments. Persons deprived of liberty retain the ownership of their human rights with the limitations of the deprivation of liberty and will be treated with respect for their dignity as human beings. Overcrowding is prohibited. Article 5.-Procedural principles.-the right to due criminal process, without prejudice to others set forth in the Constitution, the international instruments ratified by the State or other law, will be governed by the following principles: 1. legality: no penalty, criminal offence, no criminal proceedings without the fact before law. This principle applies even when the criminal law be referred to other standards or legislation to integrate it.

2 favorability: in the event of a conflict between two rules of the same matter, that contemplate different sanctions for the same fact, applies the least rigorous though its enactment is subsequent to the offence.

3 doubt in favour of the accused: the judge, to issue condemnatory sentence, must be convinced of the criminal culpability of the processed person, beyond reasonable doubt.

4 innocence: every person maintains his legal status of innocence and should be treated as such while it is not ejecutoríe a judgment that determines otherwise.

5. equality: is the judicial Server obligation make effective equality of those participating in the development of the procedural action, and especially protect those persons who, by their economic, physical or mental condition are in situations of vulnerability.

6. procedural challenge: everyone has the right to appeal against the ruling, resolution or definitive auto in all process that decides about their rights, in accordance with the provisions of the Constitution, international instruments of human rights and this code.

7. Prohibition of worsening the situation of the processing: to solve the challenge of a sanction, the processed person's situation may not be worsen when this is the only recurring.

8. Prohibition of self-incrimination: no person may be compelled to testify against itself in matters that may lead to criminal responsibility.


9 prohibition of double prosecution: no person may be tried or punished more than once for the same facts. Those cases determined by the jurisdiction indigenous are considered to this effect. Administrative or civil penalties arising from the same facts which are the subject of trial and criminal sanction does not constitute infringement to this principle.

10. Privacy: everyone is entitled to their personal and family privacy. They may not be records, searches, seizures in your domicile, residence or place of work, but in virtue of order of the judge competent, in accordance with the formalities and reasons previously defined, except for the cases provided for in this code.

11. orality: the process will develop through the oral system and decisions shall be made at hearing; is used the media technical available to leave constancy and register them performances procedural; and procedural subjects recourse to media written in the cases provided for in this code.

12. concentration: the judge focus and held the largest number of procedural acts in a single hearing; each topic in discussion will be resolved exclusively with the information produced at the hearing to the effect.

13 contradiction: the procedural subjects must submit verbally the reasons or arguments which are created assisted; replicate the arguments of other parties procedural; present evidence; and, countering that arise against her.

14. legal address of the process: the judicial officer, in accordance with the law, will serve as the direction of the process, will control the activities of the parties procedural and will prevent unnecessary delays.

Depending on this principle, it or the judge may interrupt to them parties to request clarifications, channel the debate and make them others actions corrective.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 15 7. Procedural momentum: corresponds to the parties procedural the momentum of the process, in accordance with the system device.

16. advertising: all criminal proceedings is public except for the cases provided for in this code. 17. immediacy: the or the judge held them hearings in joint with them subject procedural and must be present with them parts for the evacuation of them means of test and others acts procedural that structure of way fundamental the process criminal.

18. motivation: the judge based his decisions, in particular, it shall decide on the arguments and relevant reasons exposed by the procedural subjects during the process.

19. impartiality: the judicial officer, in all processes in charge, will be oriented by the imperative to administer justice in accordance with the Constitution, international human rights instruments and this code, respecting the equality before the law.

20 privacy and confidentiality: the victims of offences against sexual integrity, as well as all, child or adolescent who participates in a criminal trial, are entitled to respect their privacy and that of his family.

Disseminate photographs or any other data enabling their identification in judicial, police or administrative proceedings and refer to documentation, names, nicknames, filiation, kinship, residence or criminal record are prohibited.

21. objectivity: in the exercise of its function, the Prosecutor suit accountable to an objective criterion, the correct application of the law and respect the rights of people. It will investigate not only the facts and circumstances which melt or aggravate the responsibility of the processed person, but which also exempt it, mitigate or extinguished.

Article 6.-guarantees in case of deprivation of freedom.-in all process criminal in which is prive of it freedom to a person, is observed them guarantees planned in the Constitution and to more than them following: 1. in crimes flagrant, it person will be led immediately before it or the judge for the corresponding audience that is held within them twenty-four hours following to the apprehension.

2. in the case of flagrant contraventions, the audience will take place immediately after apprehension.

3 verify the age of the processed person, and in case of doubt, the presumption of minority of age shall apply until this is disproven by the Prosecutor in the investigation.

4. any person deprived of liberty may be incommunicado, isolated or subjected to torture, even for disciplinary purposes.

THIRD chapter principles guiding of the execution of the penalties and LAS measures precautionary personal article 7.-separation-Las persons deprived of liberty will be staying in different places of deprivation of liberty or sections within such establishments, according to their sex or sexual orientation, age, reason for the deprivation of liberty, necessity of protection of the life and integrity of persons deprived of their liberty or the special needs of attention , according to the provisions of the third book of this code. In any case, the separation of persons deprived of their liberty will be used to justify discrimination, imposition of torture, or cruel, inhuman or degrading punishment or conditions of deprivation of freedom more stringent or less well-suited to a particular group of people. Article 8.-treatment.-in the rehabilitation of the people private of freedom is considered their needs, capabilities and skills to stimulate its will of live as with the law, work and respect to them others. Article 9.-Participation and voluntary-participation of persons deprived of liberty in the activities and programmes implemented in the centres of deprivation of liberty is comprehensive, individual and voluntary. Article 10.-Prohibition of deprivation of liberty in unauthorized centers-is prohibited any form of deprivation of liberty in places not authorized legally or installations, as well as all forms of arrest, coercion or deprivation of liberty for administrative disciplinary procedures.

Title III chapter first rights of the victim article 11.-rights rights in all criminal proceedings, the victim of offences shall enjoy the following rights: 1. to propose private prosecution, to not participate in the process or quit at any time, in accordance with the rules of this code. In any case the victim shall be forced to appear.

2. upon the adoption of mechanisms for reparation of damages including, without delay, the knowledge of the truth of the facts, the restoration of the injured right, compensation, warranty of non-repetition of the 8 - supplement - official record No. 180 - Monday 10 February 2014 infringement, satisfaction of the violated right and any other form of additional service that is justified in each case.

3. to repair for the infringements committed by agents of the State or who, without being one, have your authorization.

4. to the special protection, safeguarding your privacy and security, as well as their relatives and their witnesses. 5. to not be revictimizada, particularly in the collection and assessment of evidence, including its version. Is it will protect of any threatens or other forms of intimidation and, for the effect, is may use means technological.

6. to be assisted by a public defender or private before and during the investigation, in the different stages of the process and related to full reparation.

7. to be assisted free of charge by one or a translator or interpreter, if he does not understand or does not speak the language in which the procedure is substance so as to receive specialized assistance.

8. to enter the national system of protection and assistance for victims, witnesses and other participants in criminal proceedings, in accordance with the provisions of this code and the law.

9. to receive comprehensive assistance from professionals suited according to your needs during the criminal process.

10. to be informed by the Prosecutor of the pretrial investigation and instruction. 11. to be informed, even when it has not intervened in the process, the end result, at home if it is known.

12. to be treated on equal terms and when it warrants, apply measures of affirmative action to ensure an inquiry, process and repair, in relation to their human dignity.

If the victim is different to the Ecuadorian nationality, your temporary or permanent stay within the national territory, for humanitarian reasons and personal, in accordance with the conditions of the national system of protection and assistance for victims, witnesses and other participants in criminal proceedings will be permitted.

Chapter second rights and guarantees of the people private liberty article 12.-rights and guarantees of persons deprived of liberty.-persons deprived of freedom shall enjoy the rights and guarantees recognized in the Constitution and the international human rights instruments: 1. integrity: the person deprived of liberty has the right to physical, psychological integrity moral and sexual.

You will be respected this right during transfers, requisitions or any other activity.

All action, treatment or punishment involving torture or any form of cruel, inhuman or degrading treatment is prohibited. Not any circumstance you can be invoked to justify such acts.


It is prohibited any form of violence by ethnic reasons, social status, gender or sexual orientation.

2. freedom of expression: the person deprived of liberty has the right to receive information, give opinions and disseminate them by any means of expression available in detention centres.

3. freedom of conscience and religion: it person private of freedom has right to is respect its freedom of conscience and religion and to is you facilitates the exercise of it same, even to not profess religion any. Is respect them objects personal with these purposes, provided not put in risk the security of the Centre of deprivation of freedom.

4 work, education, culture and Recreation: the State recognizes the right to work, education, culture and recreation of people deprived of their freedom and guarantees the conditions for its exercise. The work can develop through partnerships with productive and commercial purposes.

5. personal and family privacy: the person deprived of liberty has the right to respect his private life and that of his family.

6. protection of personal data: the person deprived of liberty has the right to the protection of their personal data, which includes access to and use of this information.

7 Association: the person deprived of liberty has the right to associate for lawful purposes and to appoint their representatives, in accordance with the Constitution and the law.

8 suffrage: the person deprived of liberty measures precautionary personnel have the right to vote. He will be suspended for those people who have enforceable sentence.

9. complaints and requests: the person private of freedom, has right to present complaints or requests to the authority competent of the Centre of deprivation of freedom, to it or to the judge of guarantees prison and to receive answers clear and timely.

10. information: the person private of freedom, in the time of its income to any Center of deprivation of freedom, has right to be informed in their own language about their rights, them standards of the establishment and them media of which has to formulate requests and complaints. This information should be public, written and available to people, at all times.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 9 11. Health: the person deprived of liberty has the right to health preventive, curative and rehabilitation, both physical and mental, timely, specialized and comprehensive. To ensure the exercise of this right is considered the conditions specific of each group of the population private of freedom.

The deprivation of liberty of women centers, the Medical Department will have qualified female personnel.

Studies, diagnoses, treatments and medicines will be free.

In the case of addiction to narcotics, psychotropic or preparations containing them or alcoholism and smoking, the Ministry of public health will provide therapeutic character or treatment of rehabilitation through consultations and sessions, in order to achieve the cessation. Attention will be held in detention centres through qualified personnel for the effect.

12 power: the person deprived of liberty has the right to adequate nutrition, in terms of quality and quantity, in appropriate places for the effect. It shall have the right to access to drinking water at all times.

13. relations family and social: the person private of freedom has right to keep your link family and social. It must be located in near his family detention centers, unless they express their willingness to counter or that, for duly justified safety reasons or to avoid overcrowding, required his relocation to a centre of deprivation of liberty in different place to his family, place of usual residence and natural judge.

14 communication and visit: Notwithstanding the constraints of security systems, the person deprived of liberty has the right to communicate and receive visits from relatives and friends, advocate or advocate public or private and intimate visit from your partner, in places and conditions that ensure your privacy, the safety of people and the Centre of deprivation of liberty.

The exercise of this right should be equal, regardless of their nationality, sex, sexual orientation or gender identity.

The person deprived of freedom of foreign nationality may contact the diplomatic or consular representatives of their country.

The right to visits by family members or friends a privilege shall not be considered and shall not be used as a sanction of the loss, except in those cases in which contact represents a risk for the person deprived of liberty or for the visitor. The competent authority of the deprivation of liberty Center will report to the or to the judge of prison security risk cases.

15. immediate release: the person deprived of freedom, when it meets conviction, receive amnesty or pardon or measure is revoked injunction, will be released immediately, being necessary so only the presentation of the order of release issued by the competent authority. The or the servants who delay compliance with this provision will be removed from their posts, prior administrative proceedings, without prejudice to any civil or criminal liability has place.

16 proportionality in determining disciplinary sanctions: disciplinary sanctions which are imposed on the person deprived of liberty, must be proportionate to the faults committed. Sanction measures indeterminate or that they contravene human rights may not be imposed.

Title IV interpretation article 13.-interpretation-the rules of this code shall be interpreted in accordance with the following rules: 1. interpretation in criminal matters should be made in the sense that most fits the Constitution comprehensively and to international human rights instruments.

2 criminal types and penalties be interpreted strictly, that is, respecting the literal sense of the standard.

3 the use of the analogy is prohibited to create criminal offences, extend the limits of legal budgets that allow the application of a penalty or precautionary measure or to establish exceptions or restrictions on rights.

Title V fields of application article 14.-field of space application-the rules of this code shall apply to: 1. any offence committed within the national territory. 2 offences committed outside Ecuadorian territory, in the following cases: to) when the offense produces effects in the Ecuador or in places under its jurisdiction.

b) when the criminal offence is committed abroad, against one or more of the Ecuadorian people and it has not been tried in the country where committed it is.

(c) when is the criminal offence committed by the or the public servants while they perform their functions or official efforts.

10 - Supplement - official record No. 180 - Monday, February 10, 2014 d) when the criminal offence affects legal property protected under international law, through international instruments ratified by Ecuador, provided that no prosecution in another jurisdiction has started.

(e) when violations constitute serious violations of human rights, in accordance with the procedural rules laid down in this code.

3. the offences committed on board ships or aircraft military or merchant flag or Ecuadorian registration.

4. the violations committed by the or the servers of the military abroad, on the basis of the principle of reciprocity.

Article 15.-Personal scope of application-the rules of this code shall apply to all nationals or foreigners who commit criminal offences. Article 16.-Temporal scope of application-the subject of the criminal proceedings and the or the judges will observe the following rules: 1. any infringement will be judged and punished according to the laws in force at the time of its Commission. 2. the more benign subsequent criminal law without request, of precedence over the existing criminal law at the time of the offence be committed or sentence is applies.

3. the exercise of the action and penalties will be prescribed in accordance with this code. 4. breaches of aggression to a State, against humanity, genocide, crimes of war, enforced disappearance of persons, concussion, embezzlement, bribery, illicit enrichment and the remedies for environmental damage are imprescriptible both action and the penalty.

Article 17.-scope material of the law criminal-is considered exclusively as offences criminal them typed in this code. Them actions or omissions punishable, them penalties or procedures criminal planned in other standards legal not will have validity legal any, except in matter of childhood and adolescence.

BOOK first the infringement criminal title I the infringement criminal GENERAL article 18.-infringement criminal.-is it behavior typical, illegal and guilty whose sanction is is planned in this code. Article 19.-classification of them violations.-the infringements is classified in crimes and contraventions.


Crime is the criminal offence punished with a custodial sentence of more than thirty days. Contravention is the infringement criminal sanctioned with penalty not privative of freedom or custodial of freedom of up to thirty days. Article 20.-contest real of violations.-when to a person you are attributable several crimes autonomous e independent is accumulate them penalties to a maximum of the double of the penalty more serious, without by any reason exceed them forty years. Article 21.-Competition violations.-ideal when several criminal types are subsumibles to the same conduct, punishment of the most serious offence shall apply.

Chapter first conduct CRIMINALLY relevant article 22.-conduct criminally relevant.-are criminally relevant actions or omissions which endanger or produce harmful, described and demonstrable results. It can not punishing a person by questions of identity, endangerment, or personal characteristics. Article 23.-modalities of the behavior-the conduct punishable can have as modalities the action and the omission. Not prevent an event, when you have the legal obligation to prevent it, is equivalent to cause it. Article 24.-Causes of exclusion of conduct.-are not criminally relevant resulting harmful or dangerous results of irresistible physical force, reflex movements, or full unconsciousness, duly audited statements.

SECTION first TYPICITY article 25.-typicity.-Los criminal types describes the elements of criminally relevant behavior. Article 26.-Dolo.-acts with intent the person who has the purpose of causing harm. Answers for felony offense the person who performs an act or omission which occurs a result worse than the one who wanted to cause, and shall be punished by two thirds of the penalty. Article 27.-Blame-works with guilt person that it infringes the objective duty of care, that personally suits you, producing a harmful result. This conduct is punishable when it is typified as offences in this code. Article 28.-Fraudulent omission-the fraudulent omission describes the behavior of a person who, deliberately, prefers not to avoid a typical material result, when it is in position of guarantor.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 11 is in position of guarantor the person that you have a legal or contractual obligation of care or custody of the life, health, freedom and personal integrity of the holder of the legal asset and has caused or increased above a risk that is determinant in the affectation of a legal right.

SECTION second provisions article 29.-provisions-to the conduct criminally relevant is illegal must threaten or injure, without just cause, a well legal protected by this code. Article 30.-Causes of exclusion of the provisions-there is no criminal offence when the typical behavior is justified by necessity or legitimate defence. There is no criminal offence when it acts pursuant to an express and legitimate order of competent authority or a legal duty. Article 31.-Excess in the causes of exclusion of provisions.-the person who exceeds the limits of the causes of exclusion will be sanctioned with a penalty reduced by one third of the minimum provided for in the respective criminal type. Article 32.-State of need-there is State of need when the person, to protect a right to own or foreign, causes injury or damage to another, provided that all the following requirements are met: 1. the protected right is real and present danger. 2. that the result of the Act of protection not be greater that the injury or damage that is wanted to avoid. 3 there are no other means practicable and less damaging to defend the law. Article 33.-Self-defence-there is legitimate defense when the person acts in defense of any right, own or others, always and when there are the following requirements: 1. current and unlawful aggression. 2. rational need for defense. 3. lack of provocation enough on hand who acts in defense of the law.

SECTION third guilt article 34.-guilt-for which a person is held criminally liable shall be chargeable and act with knowledge of the provisions of their conduct.

Article 35.-Causes of innocence-there is no criminal responsibility in the case of duly verified mental disorder. Article 36.-Mental disorder-the person who lacks the capacity to understand the wrongfulness of his conduct or determined in accordance with this understanding, because of suffering from a mental disorder, at the time of committing the offence not be criminally liable. In these cases the judge will issue a safety measure. The person who, at the time of committing the offence, is diminished in their capacity to understand the wrongfulness of his conduct or determined in accordance with this understanding, will have criminal responsibility attenuated in one-third of the minimum penalty provided for the criminal type. Article 37.-Liability for drunkenness or intoxication-except in crimes of transit, the person who at the time of committing the offence is found under the effects of alcohol or narcotic substances, psychotropic or preparations containing them, it shall be punished in accordance with the following rules: 1. If derived from unforeseen circumstances and deprived of knowledge the author at the time that commits the Act There is no liability.

2. If derived from unforeseen circumstances and is not complete, but it decreases significantly the knowledge, there is responsibility attenuated imposed the minimum penalty provided for in the criminal type, reduced by one third.

3. If it does not derive from unforeseen circumstances, excludes, or attenuated, or compounding the responsibility. 4. If it is calculated for the purpose of committing the offence or prepare an apology, it is always an aggravating. Article 38.-Persons under eighteen years.-persons under 18 in conflict with the criminal law, shall be subject to the organic code of childhood and adolescence.

Chapter second execution of the infringement article 39.-attempt-attempt is the execution fails to consummate or whose result does not occur due to circumstances beyond the control of the author, while fraudulent way start the execution of the criminal type by leading suitable acts of unambiguously to the accomplishment of a crime. In this case, the person will respond by attempt and the penalty applicable will be of one to two thirds of which you would correspond if the crime is would have accomplished. Contraventions are punishable only when they are used up.

12 supplement - official record No. 180 - Monday, February 10, 2014 article 40.-cancellation and repentance.-shall be exempt from criminal liability for breach tempted, the person who voluntarily prevents its completion, to desist from the already initiated implementation or by preventing the production of the result, without prejudice to the responsibility for the executed actions.

THIRD chapter participation article 41.-participation-the people involved in the offence as perpetrators or accomplices. The circumstances or conditions that limit or aggravate the criminal liability of an author, an author or accomplice have no effect on the legal status of other participants in the criminal offence. Article 42.-authors-Responderan as authors persons who commit any of the following ways: 1. direct authorship: to) those who commit the violation of a direct and immediate way.

(b) those who do not prevent or attempt to prevent to avoid his execution having its legal obligation to do so.

2 authorship medium term: to) those who instigate or advise another person that commit a violation, when it is evidence that such action has determined its Commission.

(b) those who order the Commission of the offence by one or more other persons, attributable or not, by price, gift, promise, offer, order, or any other fraudulent, direct or indirect means.

(c) who, due to physical violence, abuse of authority, threat or other coercive means, compel a third party to commit the offence, though not to qualify as irresistible force employed to that end.

(d) who exercise a power of control in the organization criminal. 3. co-authoring: Those who contribute to execution, a main mode, practicing an act without which the infringement not would have been committed deliberately and intentionally.

Article 43.-Accomplices-respond as accomplices persons who, in a fraudulent way, facilitate or cooperate with secondary, previous or simultaneous acts the execution of a criminal offence, so that even without those acts, the violation is would have committed. There is no complicity in negligent violations.

If the circumstances of the offence that the person accused of complicity, cooperates in a less serious act that the mandate for the author or the author, the penalty shall be only because the Act that intended to run. The accomplice will be punished with an equivalent of one-third to half of that planned for the author.

CHAPTER FOUR CIRCUMSTANCES OF THE INFRINGEMENT


Article 44.-Mechanisms for the implementation of mitigating and aggravating factors-for the imposition of the penalty will be considered the mitigating and the aggravating circumstances provided for in this code. They do not constitute extenuating or aggravating circumstances the elements comprising the respective criminal figure. If there are at least two extenuating circumstances of the penalty will be imposed the minimum provided for in the criminal type, reduced by one third, provided that there are no aggravating not constituent or amending of the infringement. If there is at least one aggravating circumstance not constituent or amending of the offence, will be imposed the maximum penalty provided for in the criminal type, increased by one-third. Article 45.-circumstances extenuating of it infringement.-are circumstances mitigating of the infringement criminal: 1. commit infractions criminal against the property without violence, low the influence of circumstances economic pressing.

2 act infringing person by intense fear or violence. 3 try to voluntarily cancel or reduce the consequences of the offence or provide help and support immediate victim of the offending person.

4 amends voluntarily or fully compensate the victim. 5 occur on a voluntary basis to the justice authorities, and may have eluded its action by flight or concealment.

6 work together effectively with the authorities in the investigation of the offence. Article 46.-Transcendental mitigating-the processed person that supplies data or precise, real, verifiable and relevant information for research, be imposed a third penalty that corresponds, provided that there are no aggravating not constituent or amending of the infringement. Article 47.-Aggravating circumstances of the offence-are circumstances aggravating circumstances of criminal offences: Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 13 1. Run the offence with malice or fraud. 2. committing the violation by promise, price or reward. 3 commit the infringement as a means for the Commission of another. 4 take advantage of massive concentrations, tumult, popular commotion, sporting event or public calamity of nature to run the offense.

5. commit the infraction involving two or more people. 6. increase or try to increase the harmful consequences of the violation for the victim or any other person.

7 committing the offence with cruelty against the victim. 8. committing the violation prevaliendo a situation of superiority work, teaching, religious or similar. 9 take advantage of personal conditions of the victim which imply helplessness or discrimination. 10 use of children, adolescents, adults or older adults, pregnant women or people with disabilities to commit the offence.

11 committing the violation to the detriment of girls, children, adolescents, older adults, pregnant women or people with disabilities.

12. commit the offence with violence or using any substance that alter the knowledge or the will of the victim.

13. use unduly logos, uniform, denominations or distinctive military, police or religious as medium to facilitate the Commission of the violation.

14 affect several victims because of the infringement. 15 run the offence with the help of armed people. 16. use false credentials, uniforms or badges of institutions or public companies, with the aim of trying to impersonate officials, officers, workers, employees, servants or public servants, as a means to facilitate the Commission of the offence.

17. commit the offence wholly or partially from a center of deprivation of liberty for a person in the same.

18 found the author pursued or fugitive for a crime with firm conviction. 19 take advantage of their status as servant or public servant for the Commission of a crime.

Article 48.-Aggravating circumstances in offences against sexual and reproductive integrity, integrity and personal freedom-for offences against the sexual and reproductive integrity, integrity and personal freedom, in addition to those provided for in the preceding article, are the following specific aggravating circumstances: 1. find the victim at the time of the Commission of the offence, care or attention in public or private establishments such as those of health, education or other similar.

2 found the victim at the time of the Commission of the offence in establishments of tourism, distraction or recreation, places in which are carried out programs or public entertainment, means of transport, cult, research, assistance or refuge, in detention centres or campuses, police, military or other similar.

3 have infected the victim with a serious, incurable or fatal disease. 4. If the victim is or is pregnant, it is in the stage of postnatal period, or if it aborted as a result of the Commission of the offence.

5 share or be part of the family of the victim. 6. leverage is of that the victim goes through by a situation of vulnerability, of extreme need economic or of abandonment.

7. If the sexual offence has been committed as a form of torture, or for purposes of intimidation, exploitation, degradation, humiliation, discrimination, retaliation or punishment.

8 have the infringer or the offender any type of relationship of power or authority over the victim, such as being: officer or official public, teachers, Ministers or Ministers of some cult, officials or officials of health and responsible persons in the care of the patient care; for any other kind of professional or person who has abused their position, function or function to commit the offence.

9. know to the victim with prior to the Commission of the violation.

Chapter fifth responsibility criminal person legal article 49.-liability of legal persons-in the cases referred to in this code, national legal persons or private law foreign are criminally responsible for crimes committed for profit or its partners, by action or omission of those who exercise their property or control, its organs of Government or administration overrun, or proxy, proxies or representatives, representatives, agents, 14 - supplement - official record No. 180 - Monday 10 February of 2014 operators or operators, factors, delegate or delegates, third parties that contractually or not, conventional or legal meddling in an activity of management, senior executives or who comply with administration, management and monitoring activities and, in general, by those who act under orders or instructions of the aforementioned individuals. The criminal liability of the legal person is independent of the criminal responsibility of natural persons involved with their acts and omissions in the Commission of the offence. Not there is place to the determination of the liability criminal of the person legal, when the crime is commits by any of them people natural indicated in the subsection first, in benefit of a third alien to the person legal. Article 50.-concurrency of it responsibility criminal.-it responsibility criminal of them people legal not is extinguished or modifies if there is concurrency of responsibilities with people natural in the realization of them made, as well as of circumstances that affect or escalating it responsibility or because such people have deceased or bypassed it action of the justice; because is extinguish the liability criminal of them people natural, or is issued dismissal. Nor is extinguished it responsibility of them people legal when these is have merged, transformed, splinter, dissolved, liquidated or applied any other modality of modification planned in the law.

Title II penalties and measures of security chapter first LA penalty in GENERAL article 51-penalty-the penalty is a restriction to the freedom and the rights of the people, as a legal consequence of their acts or omissions punishable. It is based on a provision imposed by an enforceable sentence and legal. Article 52.-Purpose of the penalty.-the purposes of the penalty are general prevention for the Commission of crimes and the progressive development of rights and capabilities of the person with conviction as well as the repair of the right of the victim. In any case the penalty aims to isolation and neutralization of people as social beings. Article 53.-Legality of the penalty-stiffer penalties than those determined will not be imposed in criminal types of this code. The time of duration of the penalty is to be determined. The penalties in outlawed types-defined are. Article 54.-Individualization of the penalty- the judge should individualize the penalty for each person, even if they are several responsible for same violation, including the following: 1. the punishable, mitigating and aggravating circumstances.

2. the needs and special or particular conditions of the victim and the seriousness of the injury to their rights.

3. the degree of participation and all circumstances that


limit the criminal liability. Article 55.-accumulation of penalties-the accumulation of penalties custodial of freedom comes up to a maximum of forty years. Fines accumulate up to twice the maximum sentence. Article 56.-Ban-conviction carries the interdiction of the person deprived of liberty, duration of the penalty. The ban takes effect since the ruling causes record and inhibits the person deprived of freedom of the ability to dispose of their property for succession by cause of death. Article 57.-Recidivism-refers to recidivism the Commission of a new criminal offence by the person who was convicted by a judgment enforceable. The recidivism only proceed in crimes with those same elements of typicity of dolo and blames respectively. If the person does will be imposed the maximum penalty provided for in the criminal rate increased by one-third.

SECOND chapter classification of LA Peña article 58.-classification-Las penalties that they are imposed pursuant to judgment, a main or accessory basis, are proprietary, non-custodial freedom and restrictive of the rights of property, in accordance with this code. Article 59.-Disqualifications of freedom-the custodial sentences have a duration of up to forty years. The duration of the penalty begins to compute since materializes the apprehension. In the event of conviction, actually fulfilled time under measure precautionary pre-trial detention or house arrest, will be calculated as a whole in favour of the sentenced person. Article 60.-Non-custodial penalties freedom.-are penalties non-custodial freedom: 1. medical, psychological treatment, training, program or educational course. 2. obligation to provide a community service.

Supplement-registration official No. 180-Monday 10 of February of 2014-15 3. Appearance periodic and personal before the authority, in the frequency and in the deadlines fixed in sentence. 4. suspension of the authorization or licence to drive any type of vehicle. 5. Prohibition of exercising parental authority or guards in general. 6. ineligibility for the exercise of profession, employment or trade. 7. Prohibition of exit of the service or of the place determined in the sentence. 8. loss of points on the license of driving in the traffic violations. 9. restriction of the right to the carrying or possession of firearms. 10. Prohibition of approximation or direct communication with the victim, relatives or other persons in judgment, in any place where they are or by any verbal, audio-visual, written, computer, telematic means or support physical or virtual.

11. Prohibition of reside, attend or transit in certain places. 12 expulsion and prohibition of return to the Ecuadorian territory to foreigners. 13. loss of rights of participation. It or the judge may impose an or more than these sanctions, without prejudice of the penalties provided for in each type criminal. Article 61.-Expulsion and prohibition of return to the Ecuadorian territory to foreigners-comes in offences punished with a custodial sentence of more than five years. Once accomplished the penalty, the foreign person is prohibited to return to Ecuadorean territory for a period of ten years. If the expelled foreign person returns to Ecuadorian territory within the time frame established in the conviction, commits the offence of breach of legitimate decisions of competent authority. However, if it is caught at the border, port or airport, or in general any other entry or entering the country, it is ejected directly by the police authority, beginning to compute over the term of prohibition of entry. Expulsion will not be available in cases in which the foreign person, prior to the date of the Commission of the offence, has contracted marriage, been recognized him a union indeed with Ecuadorian someone or have daughters or Ecuadorian children.

Article 62.-Treatment, training, program or course-consists in the obligation of the sentenced person subject to treatment, training, program or course that the judge order. He time of duration is determined on the basis of examinations expert. Article 63.-Service community-consists of unpaid personal work that is carried out in compliance with a verdict and that in no case shall exceed two hundred and forty hours. In the case of offences punished with sentences of up to six months of restriction of freedom, community service will not be for more than one-hundred eighty hours; in the event of infringements, for no more than a hundred and twenty hours, respecting the following rules: 1. running for the benefit of the community or as a mechanism for redress to the victim and in any case to carry out security activities, monitoring to generate capital gain or economic benefit.

2 that time for his execution will not impede the livelihood of the person with conviction, and can run it so after their working hours, weekends and holidays.

3 daily duration does not exceed three hours or is less than fifteen hours a week. 4 that is consistent with the skills of people with disabilities who have been convicted. Article 64.-Prohibition of exercising the parental or guardians in general.-the person sentenced with this prohibition may not exercise parental or guardians, by the time determined in the sentence. Article 65-Disqualification for the exercise of profession, employment or trade-when crime is directly related to the exercise of profession, employment or profession of the sentenced person, the judge, in sentencing, will be that once accomplished the custodial sentence, you disable it is in the exercise of their profession, employment or occupation, by the time determined in each criminal type. Article 66.-Prohibition of leaving home or particular place-this prohibition forces the sentenced person to remain in his home or in particular place, under the conditions imposed in judgement by the judge. Article 67.-License Suspension for driving.-the suspension of authorization or license to drive any type of vehicle, will last the time determined in each traffic violation. Article 68.-Loss of rights of participation-the sentenced person with the loss of the rights of participation, may not exercise them for the time determined in each criminal type, accomplished once the private freedom penalty.

16 supplement - official record No. 180 - Monday, February 10, 2014 article 69.-penalties restrictive property rights-are restrictive penalties of property rights: 1. fine, whose value is determined in unified basic worker wages in general. The fine must pay in full and immediate way once the respective sentence ejecutoríe. Still, when the sentenced person demonstrates its material failure to cancel before provided, the judge may authorize that compliance occurs in the following way: to) pay periods or quotas during the same time of the sentence. (b) cancellation of a part of the fine if, in addition, is shows extreme poverty. (c) service community equivalent, only in them infringements sanctioned with penalties deprivation of freedom of a day to six months.

2. comiso criminal, comes in all the cases of crimes malicious and falls on them goods, when these are instruments, products or revenues in the Commission of the crime. Not be comiso in them types criminal negligence. (In the sentence conviction, it or the judge competent will have the comiso of: to) them goods, funds or active, or instruments equipment and devices computer used to finance or commit the infringement criminal or the activity preparatory punishable.

(b) those goods, funds or active, content digital and products that come from the infringement criminal. (c) property, funds or assets and products which are transformed or converted the proceeds of the criminal offence.

(d) the proceeds of crime which is mixed with property acquired from legitimate sources; It may be subject to confiscation up to the assessed value of the intermingled proceeds.

(e) the income or other benefits derived from goods and products from the criminal offence.

When such property, funds or assets, products and instruments not can be h, the judge will have a fine of identical value, additional to that provided for each criminal offence. In the event of a guilty verdict rendered, within criminal proceedings by money laundering, terrorism and its financing, and crimes related to scheduled substances subject to control, if such property, funds or assets, products and instruments can not be h, the the judge will have the confiscation of any other property of property of the convicted person, by an equivalent value, even when this well is not linked to the crime.


In the cases of the preceding paragraph, the real and personal property confiscated are definitely transferred to the institution responsible for the Administration and property management of State, entity which can dispose of these goods for their regularization. The confiscated values are transferred to the National Treasury single account. Historical objects and works of art h impossible replacement they become part of the tangible heritage of the State and transferred definiti - vely to the National Institute of Cultural heritage. Offences against the environment, nature or Pacha Mama, against mining resources and the cases provided for in this code, the judge, without prejudice to the application of the criminal confiscation, may order the immediate destruction or immobilization of heavy machinery used for the Commission of these offences.

3. destruction of instruments or effects of the infringement. All penalty carries with it, depending on the case, destruction of the effects arising from the infringement and the instruments with which executed unless they belong to a third party not responsible for the infringement.

It or the judge may declare of benefit social or interest public those instruments or effects of the infringement and authorize its use.

Article 70.-Application of fines-infringements provided for in this code shall apply in addition penalty fine complies with the following provisions: 1. offences punished with deprivation of liberty from one to thirty days, shall apply the fine of twenty-five percent of a worker's unified basic salary in general.

2 offences punished with imprisonment of one to two months will apply the fine of one to two basic unified worker wages in general.

3. in the infringements sanctioned with penalty custodial of freedom of two to six months is apply the fine of two to three wages basic unified of the worker in general.

4 offences punished with imprisonment from six months to one year will apply three to four basic unified worker wages fine in general.

5 offences punished with imprisonment from six months to two years will apply the fine of three to eight basic unified worker wages in general.

6 offences punished with imprisonment of one to three years will apply the fine of four to ten unified basic worker wages in general.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 17 7. In the infringements sanctioned with penalty custodial of freedom of three to five years is apply the fine of ten to twelve wages basic unified of the worker in general.

8 offences punished with imprisonment from five to seven years will apply twelve to twenty basic unified worker wages fine in general.

9 offences punished with imprisonment of seven years will apply the fine of twenty to forty unified basic worker wages in general.

10 infringements sanctioned with imprisonment from ten to thirteen years will apply the fine of forty to sixty unified basic worker wages in general.

11 offences punished with deprivation of liberty of thirteen to sixteen years will apply the fine of one hundred to three hundred unified basic worker wages in general.

12. in offences punished with deprivation of liberty of sixteen to nineteen years shall apply the fine of three hundred to six hundred unified basic worker wages in general.

13 offences punished with deprivation of liberty from nineteen to twenty-two years applies fine seventeenth century to nineteenth century unified basic worker wages in general.

14 offences punished with imprisonment from twenty-two to twenty-six years applies the fine of eight hundred to one thousand Basic unified worker wages in general.

15. in the infringements sanctioned with penalty custodial of freedom of twenty-six to thirty years is apply the fine of thousand to thousand five hundred wages basic unified of the worker in general.

In the infringements in which not exist penalties custodial of freedom is apply the fine planned in each type. Article 71.-Penalties for legal persons-the specific penalties for legal persons, are as follows: 1. fine. 2. criminal confiscation. Acts and contracts relating to goods subject to criminal confiscation, existing cease void, without prejudice to the rights of third parties of good faith, which are recognized, settled and pay as soon as possible, who must assert their rights before the same judge in the criminal case. The goods declared of origin illicit not are susceptible of protection of any regime heritage.

3. temporary or definitive closing of their premises or establishments, in the place where he committed the criminal offence, depending on the seriousness of the offence or of the damage caused.

4 be subject to monitoring and judicial evaluation activities for the benefit of the community. 5. comprehensive remediation of environmental damage. 6. dissolution of the legal person, ordered by the judge in the country in the case of foreign legal persons and liquidation of their wealth through the procedure legally, in charge of the respective public body's control. In this case, there will be no place to any mode of reemployment or reactivation of the legal person.

7. Prohibition of contracts with the State temporarily or definitively according to the seriousness of the infringement.

Chapter third extinction of LA Peña article 72.-Forms of extinction-the penalty is extinguished by any of the following causes: 1. integral fulfilment of punishment in any form. 2. the offence or the penalty extinction by more favorable subsequent law. 3. death of the convicted person. 4 pardon. 5 judicial review, when it is favourable. 6 prescription. 7 amnesty. Article 73.-pardon or amnesty-the Assembly national may grant amnesties by crimes political e pardons by motives humanitarian, as with the Constitution and the law. Not granted for crimes committed against the public administration or by genocide, torture, enforced disappearance of persons, abduction and homicide for political reasons or conscience. Article 74.-Presidential pardon.- the President of the Republic may grant pardon, commutation or reduction of penalties imposed in enforceable judgment. Shall be granted to the sentenced person is deprived of liberty and to observe good conduct after the crime. The application shall apply to the or to the President of the Republic or the authority designated for the purpose, who will assess whether or not the request is coming.

18 - Supplement - official record No. 180 - Monday, February 10, 2014 if the request is denied, can occur again if it has been at least one more year of fulfilment of the penalty and if there has been exemplary conduct. Article 75.-Prescription of the penalty-the penalty is considered prescribed in accordance with the following rules: 1. the restrictive sentences will prescribe in the maximum time of the planned custodial sentence on the criminal type over fifty percent.

2. the penalties not custodial of freedom will be prescribed in the time maximum of it condemns more the fifty percent. The prescription of the penalty will begin to run from the day in that the sentence is enforceable.

3. the penalties restrictive of the rights of property will prescribe in the same term that them penalties restrictive of freedom or them penalties not custodial of freedom, when is imposed in joint with these; in the other cases, them penalties restrictive of the rights of property will prescribe in five years.

The prescription requires be declared. Not prescribe them penalties certain in the offences of aggression, genocide, against humanity, crimes of war, disappearance forced of people, crimes of aggression to a State, embezzlement, bribery, concussion, enrichment illicit and damage environmental.

Chapter fourth measure of security article 76.-internment in a psychiatric hospital-internment in a psychiatric hospital applies to the person not subject to prosecution by mental disorder. Its purpose is to ensure the overcoming of his disruption and social inclusion. Imposed by the or the judges, psychiatric, psychological and social report stating its necessity and duration.

Title III repair INTEGRAL chapter only repair INTEGRAL article 77.-reparation of the damage-the reparation will lie in the solution that objective and symbolically replace, to the extent possible, to the previous state of the Commission of the Act and meets the victim, ceasing the effects of perpetrated violations. Their nature and amount depend on the characteristics of the crime, legal asset affected and the damage caused.

Integral restitution is a right and a guarantee to bring the resources and actions to receive the restoration and compensation in proportion to the damage suffered. Article 78-Reparation mechanisms.-Forms inclusive service comprehensive, individual or collective, are: 1. the return: applies to cases with the


restoration of liberty, family life, citizenship or nationality, the return to the country of former residence, the recovery of employment or property as well as to the restoration of political rights.

2. the rehabilitation: focuses on the recovery of the people by addressing medical and psychological as well as to ensure the provision of legal and social services necessary for those purposes.

3. the compensation of damage materials e intangible: is refer to the compensation by all prejudice that is as consequence of a violation criminal and that is evaluable economically.

4. measures of satisfaction or symbolic: refer to the statement of the Court's decision to repair the dignity, reputation, apology and public recognition of the facts and the responsibilities, the commemorations and tributes to the victims, teaching and the dissemination of historical truth.

5. the guarantees of non-repetition: oriented to the prevention of criminal offences and the creation of adequate conditions to avoid the repetition of the same. They identify with the adoption of measures to avoid that victims are affected by the Commission of further offences of the same gender.



Title IV infringements in PARTICULAR chapter first serious violations to the rights human and crimes against the right international humanitarian section first crimes against humanity article 79-genocide-the person that, in systematic and widespread way, and with the intention of destroying all or partially to a group of national, ethnic, religious or political, perform any of the following acts, shall be punished with imprisonment from twenty-six to thirty years : Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 19 1. Killing of members of the group. 2. serious injury to the physical or mental integrity of members of the group. 3. submission intentional to conditions of existence that result in their destruction physics total or partial. 4. adoption of measures forced intended to prevent births in the bosom of the group. 5. forced transfer of girls, children, or adolescents, from one group to another. Article 80.-ethnocide.-the person that way deliberate, widespread or systematic, totally or partially destroy the cultural identity of peoples in voluntary isolation, shall be punished with deprivation of liberty of sixteen to nineteen years. Article 81.-Extermination: the person, impose conditions that affect survival, including deprivation of food, medicines or other objects considered indispensable, aimed at the destruction of a civilian population as part of a widespread or systematic attack, or a part of it, shall be punished with imprisonment from twenty-six to thirty years. Article 82.-Slavery-the person that exercise all or some attributes of the right of property on another, constituting slavery, will be sanctioned with penalty sentence of freedom of twenty-two to twenty-six years. Article 83.-Deportation or forcible transfer of population-the person that you move or eject, using coercive acts to populations who are legitimately present in an area, unless such action is intended to protect the rights of that person or group of persons, shall be punished with imprisonment from twenty-two to twenty-six years. Article 84.-Disappearance forced-or the agent of the State, or who act with consent, that by any means, subject to deprivation of liberty to a person, followed by lack of information or refusal to acknowledge that deprivation of freedom or reporting on the whereabouts or fate of a person, which impede the exercise of the constitutional or statutory shall be punished with imprisonment from twenty-two to twenty-six years. Article 85-Extrajudicial execution-the civil servant or public official, Agent state that, deliberately, in the performance of their office or through the action of third parties that act with their instigation and rests on the power of the State to justify their acts, deprived of life to another person, shall be punished with imprisonment from twenty-two to twenty-six years. Article 86.-Persecution-the person who, as part of a widespread or systematic attack, deprived of rights to a group or community, founded on the identity of the group or collective reasons, shall be punished with imprisonment from twenty-six to thirty years.

Article 87-Apartheid: the person that Comet acts in violation of human rights, in the context of an institutionalized regime of oppression and systematic dominance over one or more ethnic groups with the intention of maintaining that regime, shall be punished with imprisonment from twenty-six to thirty years. Article 88.-aggression.-it person, regardless of the existence or not of Declaration of war, that being in conditions of control or direct effectively the action political or military of a State, order or participate actively in the planning, preparation, initiation or realization of an act of aggression or attack armed against it integrity territorial or it independence political of the State Ecuadorian u another State out of the cases provided for in the Charter of the Organization of the United Nations, shall be punished with imprisonment from twenty-six to thirty years. Article 89-Crimes against humanity-are crimes against humanity that are committed as part of a widespread or systematic attack against any civilian population: extrajudicial execution, slavery, the move - operation forced the population which not is to protect their rights, unlawful or arbitrary deprivation of liberty, torture, rape and forced prostitution , insemination not consensual, sterilization forced and the disappearance forced, will be sanctioned with penalty sentence of freedom of twenty-six to thirty years. Article 90-Penalty for the legal person-when a legal person is responsible for any of the crimes of this section, shall be punished with the extinction of the same.

SECTION second trafficking of people article 91.-trafficking in persons-recruitment, transportation, transfer, delivery, acceptance or reception for himself or for a third party, of one or more persons, either within the country or from or to other countries for the purpose of exploitation, is a criminal offence of trafficking in persons. Constitutes exploitation, any activity that is a material or economic advantage, an intangible advantage, or any other benefit for himself or for a third party, through the submission of a person or the imposition of conditions of life and work, obtained from: 1. extraction or illegal sale of organs, tissues, fluids or genetic material of living people, including tourism for the donation or transplantation of organs.

2. the exploitation sex of people included the prostitution forced, the tourism sexual and the pornography child.

3. the labour exploitation, including forced labour, servitude for debt and child labour. 4. promise of marriage or indeed servile union, including the union in fact early, arranged, such as compensation or transaction, temporary or for purposes of procreation.

20 supplement - official record No. 180 - Monday 10 February 2014 5. The illegal adoption of children and adolescents. 6. the begging. 7. forced recruitment for armed conflict or for the Commission of acts punishable by law. 8. any other form of exploitation. Article 92.-Punishment for the crime of trafficking of people-trafficking in persons shall be punished: 1. with thirteen to sixteen years imprisonment. 2 with imprisonment from sixteen to nineteen years, if the offence lies in people of one of the priority groups or double vulnerable or if between the victim and the offender has been emotional, consensual relationship, conjugal partner, cohabitation, family or dependent economic or there is civil, military authority link Educational, religious or labour.

3. with deprivation of liberty from nineteen to twenty-two years, if on the occasion of the trafficking in persons, the victim has suffered disease or serious or irreversible psychological or physical damage.

4. with deprivation of freedom from twenty-two to twenty-six years, if the death of the victim because of trafficking in persons.

Trafficking is pursued and sanctions regardless of other crimes that have been committed in its execution or as its consequence. Article 93.-Principle of no criminality of the victim of trafficking-victim is not punishable by the Commission of any offence that is the direct result of being trafficked. Do not apply penalties or impediments under the immigration legislation when violations are a consequence of the activity during the Commission of the crime of which they were subject. Article 94-Sanction for the legal person-when a legal person is responsible for trafficking, shall be punished by a fine of one hundred to one thousand unified basic salaries of workers in general and the extinction of the same.

SECTION three different forms of exploitation


Article 95.-Extraction and illegal treatment of organs and tissues-the person that, without complying with the legal requirements, removing, keep, handling bodies, parts, unreproducible vital or tissues anatomical components, cells or other fluids or bodily substances of living persons, shall be punished with imprisonment from ten to thirteen years.

If the offence has been committed on people in priority groups, he shall be punished with deprivation of liberty of thirteen to sixteen years. If is is of components anatomical not vital or woven reproducible, will be sanctioned with penalty sentence of freedom from seven to ten years. When the death of the victim he shall be punished with imprisonment from twenty-two to twenty-six years. If the offence is committed on a corpse, it shall be punished with imprisonment from seven to ten years. If the person committing the offence is a health professional, will be also disabled for the exercise of their profession by the same time of the sentence, once accomplished this. Article 96.-traffic of organs.-it person that, out of them cases allowed by the law, perform acts that have by object the intermediation onerous or negotiate by any medium or move organs, tissues, fluids, cells, components anatomical or substances body, will be sanctioned with penalty custodial of freedom of thirteen to sixteen years. Article 97.-advertising of traffic of organs.-it person that promotes, favours, facilitates or advertise the offer, the obtaining or the traffic illegal of organs and tissues human or the transplant of them same will be sanctioned with penalty custodial of freedom of seven to ten years. Article 98-Realization of transplantation procedures without authorization-the person performing procedures in transplantation of organs, tissues and cells, without having the authorization and accreditation issued by the competent authority, shall be punished with imprisonment of three to five years. If extracted or implanted anatomical components come from girls, children or adolescents, persons with disabilities or seniors, will be punished with imprisonment from five to seven years. Article 99-Tourism for extraction, illegal treatment or trade bodies-the person who organize, promote, offer, give, purchase or hire tourist activities to carry out or encourage the activities of trafficking, extraction or treatment illegal organs and tissues, shall be punished with imprisonment of seven years. Article 100.-Sexual exploitation of people-the person who own or of third parties, sell, pay, take or give in Exchange to another to run one or more acts of a sexual nature, shall be punished with deprivation of liberty of thirteen to sixteen years. If the described behavior is performed on girls, older adults, children, adolescents, pregnant women, people with disabilities or catastrophic illness, people at risk or will supplement - official record No. 180 - Monday, February 10, 2014 - 21 are vulnerable or between the victim and the person aggressor is kept or a consensual relationship has remained dependency, family, marital or economic or there is link of civil authority, military, educational, religious or labour, the custodial sentence will be sixteen to nineteen years. Article 101.-Forced prostitution-the person who compels, requires, impose, promote or induce to another against their will to carry out one or more acts of a sexual nature, shall be punished with deprivation of liberty of thirteen to sixteen years, in one or more of the following circumstances: 1. when to take advantage of conditions of vulnerability of the victim or use violence , threat or intimidation.

2. when with the infringing keep or has maintained a relationship family, consensual of couple, is spouse, co-habiting, partner, exconviviente, couple or expareja in union indeed, of family or relative until the fourth degree of consanguinity or second of affinity of the victim.

3. When you have some sort of relationship of trust or authority with the victim. Article 102.-Sex tourism-the person who organize, promote, offer, provide, transfer, recruits, purchase or hire tourist activities involving services of a sexual nature, shall be punished with imprisonment from seven to ten years. If the victims are found in any of the following cases, the custodial sentence will be ten to thirteen years: 1. If they are girls, children or adolescents or persons in situation of vulnerability, even though they have given their consent.

2. When you use violence, threat or intimidation. 3 the person does not have the capacity to understand the meaning of the fact. Article 103-Pornography with use of girls, children and adolescents-the person who photograph, film, record, produce, transmit or edit materials Visual, audiovisual, computer, electronic or any other physical medium or format that contains Visual naked or half-naked real or simulated girls, children or adolescents in sexual attitude; It shall be punished with deprivation of liberty of thirteen to sixteen years. If the victim, in addition, has some kind of disability or serious or incurable disease, he shall be punished with deprivation of liberty of sixteen to nineteen years. When the person disregards is the father, the mother or relative up to the fourth degree of consanguinity or second of affinity, guardian, legal representative, curator or belong to the intimate surroundings of the family; Minister of religion, Professor, teacher, or person who, by their profession or activity, has abused the victim, shall be punished with imprisonment from twenty-two to twenty-six years. Article 104.-marketing of pornography with use of girls, children or teenage-it person that advertise, buy, possess, porte, transmit, download, store, amount, export or band, by any medium, for use personal or for Exchange pornography of children, girls and adolescents, will be sanctioned with penalty custodial of freedom of ten to thirteen years. Article 105-Forced labour or other forms of labour exploitation-the person who submit to forced labour or other forms of exploitation or labor services, inside or outside the country, shall be punished with imprisonment from ten to thirteen years. There will be forced labour or other forms of exploitation or labor services in the following cases: 1. when undertakes or deceive a person perform, against their will, a work or service under threat of causing damage thereto or to third parties.

2. When this is used to girls, children or adolescents under 15 years of age. 3. when using a older adolescents at 15 years of age in dangerous, risky or harmful work set out by the relevant standards.

4. when compels a person to perform work or service using violence or threat. 5. when compels is any person to commit or lend his personal services or those of someone over who has authority, as security for a debt, taking advantage of its debtor status.

6. when it compels any person to live and work in a land that belongs to another person and to pay the remuneration or free of charge, certain services without the freedom to change their condition.

Article 106-Promise of marriage or indeed servile union.-the person who give or promise in marriage to a person, so it contract marriage or union indeed, in Exchange for a consideration given their parents, his guardian or tutor, his family or any person who exercises authority over her, while the future spouse or partner or companion or help the right to oppose shall be punished with imprisonment from ten to thirteen years. Article 107-Illegal adoption-the person who facilitate, collaborate, make, move, intervene, or to benefit from the illegal adoption of people shall be punished with imprisonment from ten to thirteen years.

22 supplement - official record No. 180 - Monday, February 10, 2014 the same shall be imposed to the person who elude legal proceedings for the foster care or adoption and in order to establish a relationship analogous to filiation, induce, by any means, the holder of parental authority to the delivery of a child, child or teenager to another. Article 108-Employment of persons for begging-the person who facilitate, collaborate, promote or benefit to submitting to begging another person, shall be punished with imprisonment from ten to thirteen years. Article 109-Sanction legal person-when you determine the criminal liability of a legal person in the Commission of crimes provided in this section, shall be punished with extinction and a fine of ten to one thousand Basic unified worker wages in general. Article 110-Common provisions-for offences provided in sections second and third this chapter will be observed the following common provisions: 1. in these crimes, the judicial officer, in addition to the custodial sentence may impose one or several non custodial sentences.

2. in cases where the alleged offender is


ascendant or descendant, collateral up to the fourth degree of consanguinity or second of affinity, spouse, spouses, cohabiting partner, exconviviente, couple or expareja in union of fact, tutor or guardian, legal representative, curator or curator or any person to the care or custody of the victim, the judge of criminal guarantees as a precautionary suspend parental, tutoring, guardianship and any other form of care about the victim in order to protect their rights.

3. for these offences does not fit the mitigation referred to in paragraph 2 of article 45 of this code. 4. the behavior public or private of the victim, previous to the Commission of the infringement, not is considered within the process.

5. in these crimes the consent given by the victim does not exclude criminal liability or decreases the punishment.

6. the victims in these crimes may enter the program of victims and witnesses.

FOURTH section crimes against persons and property protected by the international law humanitarian article 111-people protected by international humanitarian law.-for purposes of this section, it shall be regarded as protected persons to those defined as such by existing international instruments of international humanitarian law and, in particular, the following: 1. the civilian population. 2. people not involved in hostilities and civilians in the power of the adverse party. 3. the medical or religious personnel. 4. journalists in mission or accredited war correspondents. 5. the people that have ousted those weapons. 6. persons who are hors de combat or helpless in the armed conflict. 7 persons who, before the beginning of hostilities, belonged to the status of stateless persons or refugees. 8. the isolated political and refugees. 9. the personnel of United Nations and associated personnel protected by the Convention on the safety of United Nations and associated personnel.

10. any other person who has this condition under I, II, III and IV of 1949 Geneva Conventions and their additional protocols.

Article 112-Property protected by international humanitarian law.-for purposes of this section, it is considered as property protected to those defined as such under existing international instruments of international humanitarian law, and in particular, the following: 1. of a civil nature that do not constitute a military objective. 2. them destined to ensure it existence and integrity of them people civil, as them areas and locations intended to separate them of objectives military and them goods destined to its survival or attention.

3. which form part of a mission of maintenance of peace or of assistance humanitarian. 4. the intended to the satisfaction of the rights of the good live, persons and groups of priority attention, the communities peoples and nationalities of the civilian population, as well as those for religious worship, art, science or charitable.

5. those who are part of the historical, cultural or environmental heritage. Article 113-Weapons prohibited by international humanitarian law.-for purposes of this section, it is considered as prohibited weapons, those defined as such by the international instruments in force of the international humanitarian law, and in particular, those that have this condition under the conventions I, II, III and IV of Geneva of 1949, their additional protocols and others that are ratified.

Supplement - registration officer Nº 180 - Monday 10 February 2014 - 23 article 114-implementation of provisions on international armed conflict or not international-provisions on international armed conflict or international not apply from the day in which it occurs, regardless of the formal declaration by the President or the President of the Republic or to decree a State of emergency throughout the national territory or part of it in accordance with the Constitution and the law. The State of international or non-international armed conflict, is understood to be concluded once the State of emergency by having gone the causes that led to it, finishing the term of its declaration or revocation of the decree that declared it has ceased or until security conditions that are affected are restored. Article 115-Person homicide protected-person that, with time and developing conflict armed, Matt to a protected person, shall be punished with imprisonment from twenty-two to twenty-six years. Article 116.-attack to the integrity sexual and reproductive of person protected.-the person that, with occasion and in development of conflict armed, injury or affects the integrity sexual or reproductive of person protected, will be sanctioned as with them penalties planned in each one of them crimes against the integrity sexual and reproductive, augmented in a third. Article 117-injury to the integrity physical of person protected.-it person that, with occasion and in development of conflict armed, cause injuries in person protected, whenever not constitutes another infringement of greater involvement, will be sanctioned with them penalties maximum planned in the crime of injury increased in a half. Article 118-Mutilation or experiments in person protected-person that, with time and development of armed conflict, it mutilates, remove tissues or organs or make medical or scientific experiments to protected persons, shall be punished with imprisonment of thirteen to sixteen years. Article 119. Torture and cruel, inhuman or degrading in protected person-the person that, with time and in development of armed conflict, in national territory or on Board of an aircraft or a vessel of Ecuadorian flag, torture or inflicts cruel, inhuman or degrading treatment or punishment a person protected shall be punished with deprivation of liberty of thirteen to sixteen years. Article 120.-Collective punishment on a person protected-person, during and at development of armed conflict, it inflicted collective punishments protected person, it will be punished with a custodial sentence of thirteen to sixteen years. Article 121-Use methods prohibited in armed-conflict driving the person who, with time and development of armed conflict, use methods prohibited by international humanitarian law, and in particular the following, shall be punished with deprivation of liberty of thirteen to sixteen years: 1. undergo suffering of hungry civilians, including through the obstruction of supplies.

2. the use of the presence of a protected person as a shield to get certain points, areas or military forces from military operations or to impede the actions of the enemy against specific military targets.

3. the order not to Headquarters. 4. the attack on the civilian population. 5. the attack on civilian goods. 6. the indiscriminate attack with the potential to cause death or injury to civilians, damage to protected property or disproportionate to the environment or serious injury.

If these practices cause the death of a fighter or a member of the adverse party who participates in an armed conflict, the penalty shall be twenty-two to twenty-six years. Article 122.-Use of prohibited weapons.-the person that, with time and development of armed conflict, produce, store, use or distribute weapons prohibited by international humanitarian law, it shall be punished with deprivation of liberty of thirteen to sixteen years. Article 123-Attack goods protected-the person who, with time and development of armed conflict, direct or participate in attacks against protected assets, it shall be punished with deprivation of liberty of thirteen to sixteen years. Article 124-Barriers to health and humanitarian tasks-the person, during and at development of international or internal armed conflict, serious internal commotion, public calamity or natural disaster, obstructs or prevents medical personnel, health care or relief to the civilian population, the implementation of the sanitary and humanitarian tasks that can and must be carried out in accordance with the rules of international humanitarian law shall be punished with imprisonment from ten to thirteen years. Article 125-protected-person deprivation of liberty of person, during and at development of armed conflict, it deprives of liberty, illegally stop, delay or slow repatriation of the protected person, shall be punished with imprisonment from ten to thirteen years. Article 126.-Protected person for attacking terrorists-the person during and at development of armed conflict, performing any form of attack on 24 - supplement - official record No. 180 - Monday, February 10, 2014


person with the object of terrorizing the civilian population shall be punished with imprisonment from ten to thirteen years. Article 127-Recruitment of children and adolescents-the person who, with time and development of armed conflict, recruits or ready to girls, children and adolescents in armed forces or armed groups or using them to participate in the armed conflict, shall be punished with imprisonment from ten to thirteen years. Article 128-Taking of hostages-the person who, with time and development of armed conflict, deprive another of his freedom, thus controlling the life, integrity or freedom for the satisfaction of their demands made to a third party or use it as a means for defence purposes shall be punished with imprisonment from ten to thirteen years. Article 129-Offences against the active participants in conflict Assembly-the person, during and at development of armed conflict, perform any of the following conduct against an active participant, it shall be punished with imprisonment from ten to thirteen years: 1. force him to serve in any way in the armed forces of the adversary. 2 deprive him of the right to a trial with the guarantees of due process. 3. prevent or delay unjustifiably his release or repatriation. Article 130.-transfer arbitrary or illegal.-the person that, with occasion and in development of conflict armed, move to territory occupied to population of the power occupying, sport or move inside or out of the territory occupied the whole or part of the population of that territory, unless such actions have by object protect them rights of that person or group of people It will be punished with imprisonment from seven to ten years. Article 131-Abolishment and suspension of rights of a person protected-person, during and at development of armed conflict, declare abolished or suspended rights, constitutional guarantees or judicial actions of protected persons, shall be punished with imprisonment from seven to ten years. Article 132-Environmental modification for military purposes-the person, during and at development of armed conflict, use of environmental modification techniques for military purposes, of combat or other hostile purposes as a means to produce destruction or vast, long-lasting, serious or permanent damages to the environment, it shall be punished with imprisonment from seven to ten years.

Article 133.-denial of guarantees judicial of person protected.-the person that, with occasion and in development of conflict armed, prive to a person of the guarantees of the due process, impose or run a penalty without has been judged in a process judicial, will be sanctioned with penalty custodial of freedom of five to seven years. Article 134-Omission of measures of relief and humanitarian assistance-the person, during and at development of armed conflict, ignore the measures of relief and humanitarian assistance in favour of protected persons, being forced to do so, shall be punished with imprisonment from five to seven years. Article 135-Omission of measures of protection-the person who, with time and development of armed conflict, omit the adoption of measures for the General protection of the civilian population, being forced to do so, shall be punished with imprisonment from five to seven years. Article 136-Arbitrary contributions.-the person who, during and at development of armed conflict, to impose arbitrary contributions, shall be punished with imprisonment from five to seven years. Article 137-Extension of hostilities-the person that you prolong the hostilities with the enemy, despite having been officially notified peace, Armistice or truce agreement, it shall be punished with imprisonment from five to seven years. Article 138-Destruction or appropriation of property of the adverse party-the person that, with time and development of armed conflict, destroy, seizes or confiscating the goods of the adverse party, without imperative military necessity, it shall be punished with imprisonment of three to five years. Article 139.-Abuse of emblems-the person who, during and at development of armed conflict, without the right to do so, use the emblem of the Red Cross, Red Crescent or red crystal, a distinctive sign, any other sign or signal that is an imitation or can lend to confusion, shall be punished with imprisonment of one to three years.

Chapter second crimes against them rights of freedom section first offences against the inviolability of it life article 140.-murder.-it person that Matt to another will be sanctioned with penalty custodial of freedom of twenty-two to twenty-six years, if concurs any of them following circumstances: 1. to knowing, it person infringing has given death to its ascendant, descendant, spouse, partner, sister or brother.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 25 2. Place the victim in defenselessness situation, inferiority or take advantage of this situation. 3. by means of flood, poisoning, fire or any other medium is puts in danger the life or the health of other people 4. Search for that purpose, the night or the outright. 5. use medium or means capable of causing major havoc. 6. increase deliberate and inhumanely pain to the victim. 7 prepare, facilitate, consume or conceal another offence. 8. ensure the results or impunity of another violation. 9. If the death occurs during mass concentrations, tumult, commotion popular, sporting event or public calamity.

10. commit the Act against one or a dignitary or candidate for popular election, elements of the armed forces or the national police, prosecutors, judges or members of the judiciary by matters relating to their functions or protected witness.

Article 141-Femicide.-the person who, as a result of power relations expressed in any kind of violence, killed a woman by being it or by their gender condition, shall be punished with imprisonment from twenty-two to twenty-six years. Article 142-Aggravating circumstances of femicide.-when one or more of the following circumstances shall be the maximum of the penalty provided for in the foregoing article: 1. have intended to establish or re-establish a partner or intimate relationship with the victim. 2 exists or has existed between the active subject and victim family, marital relations, coexistence, intimacy, courtship, friendship, companionship, work, school or any other that involves confidence, subordination or superiority.

3. If the offence is committed in the presence of daughters, sons, or any other relative of the victim. 4. the body of the victim is exposed or thrown in a public place. Article 143-Killings-the person that matte to another by price, payment, reward, remuneration promise or other form of benefit, for himself or a third party, shall be punished with imprisonment from twenty-two to twenty-six years. The same penalty shall be applicable to the person, who either directly or by brokering, order or order the Commission of this illicit.

Means that the offence was committed in Ecuadorian territory and jurisdiction when the acts of preparation, organization and planning, are carried out in Ecuador, even if their execution is consumed in the territory of another State. The single advertising or offering of murder shall be punished with imprisonment from five to seven years. Article 144-Homicide-the person who kills another shall be punished with imprisonment from ten to thirteen years. Article 145-Manslaughter-the person who kills another, due shall be punished with imprisonment of three to five years. The same penalty will be sanctioned public official who inobservando the objective duty of care, have been granted permits, licenses or authorizations for the construction of civil works that have perished, and which as a result is caused the death of one or more persons. Article 146-Wrongful death by bad practical professional-the person who infringe an objective duty of care, in the exercise or practice of their profession, causes the death of another, shall be punished with imprisonment of one to three years. The process of empowerment to exercise the profession, after completed the penalty, shall be determined by law. It shall be punished with imprisonment of three to five years if the death is caused by unnecessary, dangerous and illegal actions. For the determination of the objective duty of care violation must attend the following: 1. the mere production of the result does not set the objective duty of care violation. 2. the failure to comply with laws, regulations, ordinances, manuals, technical rules or lex artis applicable to the profession.

3. the harmful result must come directly from the infringement objective duty of care and not other circumstances independent or related.

4. we will analyze in each case the diligence, the objective degree of vocational training, the conditions, predictability and avoidability of the fact.


Article 147-Abortion with death-when media employees in order to make abortion a woman cause her death, the person that has applied or stated for such purpose, shall be punished with imprisonment from seven to ten years, if the woman has consented to the abortion; and, with deprivation of freedom from thirteen to sixteen years, if she has not consented to it.

26 supplement - official record No. 180 - Monday, February 10, 2014 article 148.-non-consensual abortion.-the person making an abortion to a woman who has not consented to do so, shall be punished with imprisonment from five to seven years. If the media employees not have had effect, is punished as tentative. Article 149-Consensual abortion.-the person making an abortion to a woman who has consented to do so, shall be punished with imprisonment of one to three years. The woman who causes her abortion or allow that another cause it, shall be punished with imprisonment from six months to two years. Article 150.-abortion not punishable.-the abortion practiced by a medical u another professional of it health trained, that count with the consent of the woman or of his spouse, couple, family intimate or his representative legal, when she not is find in possibility of provide it, not will be punishable in them following cases: 1. If is has practiced for avoid a danger for the life or health of it woman pregnant and if this danger not can be avoided by other media.

2. If the pregnancy is the result of a violation in a woman who is suffering from mental disabilities.

SECTION second crimes against personal integrity article 151-torture-the person who inflicts or order to inflict on another person, severe pain or suffering, whether physical or mental, or subject it to conditions or methods that override your personality or diminish its ability physical or mental, even if they do not cause pain or suffering physical or psychic; for any purpose in both cases, it shall be punished with imprisonment from seven to ten years. It person that incurred in any of the following circumstances will be sanctioned with penalty custodial of freedom of ten to thirteen years: 1. leverage your knowledge technical for increase the pain of the victim. 2 make a person who is an official or public servant or other person in the exercise of public functions, by instigation or with its consent or acquiescence.

3. it is committed with the intention of modifying the gender identity or sexual orientation. 4. it is committed on persons with disabilities, under the age of eighteen, sixty-five aged or pregnant woman.

The public servant who has the competence to prevent the Commission of the offence of torture and omits to do so, shall be punished with imprisonment from five to seven years. Article 152-Injuries-the person who injured to another shall be punished in accordance with the following rules: 1. If as a result of injuries occurs in the victim harm, illness or disability of four to eight days, shall be punished with imprisonment of thirty to sixty days.

2. If it produces the victim injury, disability or illness of nine to thirty days, it shall be punished with imprisonment of two months to one year.

3 if it produces the victim injury, disability or illness of thirty-one to ninety days, shall be punished with imprisonment of one to three years.

4. If produces to the victim a serious disease or a decrease of their faculties physical or mental or a disability or disease, that not being permanent, exceed them ninety days, will be sanctioned with penalty privative of freedom of three to five years.

5. If produces to the victim alienation mental, loss of a sense or of the Faculty of the speaks, uselessness for the work, disability permanent, loss or disablement of some organ or any serious disease transmissible e incurable, will be sanctioned with penalty custodial of freedom of five to seven years.

If the injury occurs during mass concentrations, tumult, commotion popular, sporting event or public calamity, shall be punished with the maximum of the deprivation of liberty provided for each case, increased by one-third. The injury caused by violating an objective duty of care, in any of the above cases, shall be punished with deprivation of liberty of one quarter of the minimum penalty provided for in each case. For the determination of the objective duty of care violation shall be as provided for in article 146. Not will be punishable them injury derived from actions therapeutic executed by professional of the health in compliance of the principle of need that precautele the health of the patient. Article 153-Abandonment of person-the person who leaves adults more, girls, children and adolescents, pregnant women, people with disabilities or those who suffer from catastrophic illnesses, high complexity, rare or orphan, placing them in a situation of abandonment and put in real danger the life or physical integrity, shall be punished with imprisonment of one to three years.

Supplement - Registro Oficial Nº 180 - Monday, February 10, 2014 - 27 injuries person abandoned product, will be sanctioned with the same penalties provided for the offence of injury, increased by one-third. If death occurs, the deprivation of liberty shall be sixteen to nineteen years. Article 154-Intimidation-the person that threatens or intimidates another to cause damage that constitutes infringement to her, to her family, to persons with whom it is closely linked, whenever, by background appears plausible the consummation of the fact, shall be punished with imprisonment of one to three years.

PARAGRAPH first crimes of violence against women or household article 155-violence against women or members of the household-is considered violence action consisting of ill-treatment, physical, psychological or sexual executed by a member of the family against women or other members of the family. They are considered members of the family or to the spouse, the couple in a common-law union or union free, partner, ascendants, descendants, sisters, brothers, relatives up to the second degree of affinity and people which is determined that processing or the processed keep or have kept familiar, intimate, emotional, marital links, coexistence, courtship or cohabitation. Article 156-family-person physical violence against women or members of the nucleus, as a manifestation of violence against women or members of the immediate family, cause injury, shall be punished with the same penalties provided for the offence of injury increased by one-third. Article 157-Psychological violence against women or members of the immediate family-the person that, as manifestation of violence against women or members of the immediate family, cause damage in mental health by acts of disturbance, threatens, manipulation, blackmail, humiliation, isolation, surveillance, harassment or control beliefs, decisions or actions, shall be punished in the following manner: 1. If it causes slight damage that affects any of the dimensions of the integral functioning of the person in the areas of cognitive, affective, somatic, behavior and relationships, without causing hindrance in the performance of their daily activities, shall be punished with imprisonment of thirty to sixty days.

2. If it is affected moderately in any of the areas of personal, work, school, family or social functioning which cause damage in the performance of their daily activities and which therefore requires specialized mental health treatment, will be punished with six months to a year.

3. If it causes severe psychological damage that even with specialized intervention have not been reversed, it shall be punished with imprisonment of one to three years.

Article 158-family-person sexual violence against women or members of the nucleus, as manifestation of violence against women or a member of the family, to impose on another and forces them to have sexual relations or other similar practices, will be punished with the penalties provided for offences against the sexual and reproductive integrity.

SECOND paragraph contravention of violence against women or the family article 159-violence against women or members of the core family.-the person that you hurt, injured or hit women or members of the family, causing injury or disability that no three-day pass, shall be punished with imprisonment from seven to thirty days.

SECTION third offences against the freedom personal


Article 160-Illegal deprivation of liberty- the public servant who illegally deprived of freedom a person, shall be punished with imprisonment of one to three years. It or the server public that available the deprivation of freedom to a person in places different to them destined for the effect by the normative force, will be sanctioned with penalty custodial of freedom of three to five years. Article 161-Kidnapping: the person that it deprives of liberty, retain, conceals, take or move to a location other than one or more people, against their will, shall be punished with imprisonment from five to seven years. Article 162-Kidnapping for ransom-if the person running the conduct sanctioned in article 161 of this code is intended to commit another offence or obtained from the victims or third parties money, goods, securities, documents, benefits, actions or omissions which produce legal effects or that alter in any way your rights in Exchange for his freedom shall be punished with imprisonment from ten to thirteen years. The maximum penalty shall apply when any of the following circumstances: 1. If the deprivation of freedom of the victim extends for more than eight days. 2. If it has fulfilled some of the conditions imposed to regain freedom.

28 supplement - official record No. 180 - 10 February 2014 3 Monday. If the victim is one person under eighteen years of age, more than sixty-five years, pregnant women or persons with disabilities or diseases that compromise their life suffer.

4. if committed with the seizure of the ship or aircraft, vehicles or any other transportation. 5. If it commits total or partially from the foreigner. 6. If the victim is delivered to third to get any benefit or ensure the compliance of the requirement in Exchange for his release.

7. If you run the conduct with the intervention of a person with whom the victim keep relationship work, commercial or other similar; person of confidence or relative within the fourth degree of consanguinity and second of affinity.

8. If the kidnapping is carried out political, ideological, religious or advertising purposes. 9. If is submits to the victim to torture physical or psychological, having as result injury not permanent, during the time that remains kidnapped, whenever not constitutes another crime that can be judged independently.

10. If the victim has been subjected to physical, sexual or psychological violence causing permanent injury. When due or on the occasion of the kidnapping rendered him the victim death, he shall be punished with imprisonment from twenty-two to twenty-six years. Article 163-Simulation of kidnapping-the person who simulate being kidnapped, shall be punished with imprisonment from six months to two years.

FOURTH section crimes against the integrity sexual and reproductive article 164-insemination no consentida.-anyone who artificially inseminate or transfer of fertilized egg to a woman without her consent, shall be punished with imprisonment from five to seven years. When the victim is under eighteen years of age or does not have the capacity to understand the meaning of the fact or for any reason you can not resist it, who caused it shall be punished with imprisonment from seven to ten years. Article 165.-Forced deprivation of capacity of reproduction-the person who without justification of clinical, or medical treatment without consent or undermining the consent, free and informed, deprive definitely another of their biological reproductive capacity, shall be punished with imprisonment from 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 fact or for any reason you can not resist, the custodial sentence will be ten to thirteen years. Article 166-Sexual harassment-the person requesting any act of a sexual nature, for himself or for a third party, prevaliendo situation of labor, educational, religious or similar authority, either tutor or guardian, curator or conservator, Ministers of worship, professional education or health, personal care and patient care or to keep family relationship or any other form that implies subordination of the victim with the threat of causing the victim or a third person, an evil related to the legitimate expectations you may have in the context of that relationship, shall be punished with imprisonment of one to three years. When the victim is less of eighteen years of age or person with disability or when the person not can understand the meaning of the made or by any cause not can resist it, will be sanctioned with penalty sentence of freedom of three to five years. The person who ask favours of a sexual nature which violate the sexual integrity of another person, and that is not foreseen in the first paragraph of this article, shall be punished with imprisonment from six months to two years. Article 167-Rape-the eighteen-year-old person who by resorting to deception has sexual intercourse with another, largest of fourteen and under eighteen years, shall be punished with imprisonment of one to three years. Article 168.-Distribution of pornographic material to children and adolescents-the person who spread, sell or deliver to children or adolescents, girls, pornographic material, shall be punished with imprisonment of one to three years. Article 169.-corruption of girls, children and adolescents.-it person that incite, drive or allow the entry of girls, children or adolescent to brothels or places in which is exhibits pornography, will be sanctioned with penalty custodial of freedom of three to five years. Article 170.-Sexual abuse-the person who, against the will of another, run over it or forces them to run on itself or another person, an act of a sexual nature, without any penetration or carnal access, shall be punished with imprisonment of three to five years. When is the victim under 14 years of age or disabled; When the person does not have the capacity to understand the meaning of the fact or for any reason you can not resist; or if the victim, as a result of the infringement, a physical injury or psychological damage, permanent or contract a serious or deadly disease, it shall be punished with imprisonment from five to seven years.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 29 if the victim is under the age of six, he shall be punished with imprisonment from seven to ten years. Article 171-rape-rape is carnal access, with total or partial introduction of the virile member, oral, anal or vaginal; or the introduction, through vaginal or anal, objects, fingers or bodies other than the virile member, a person of either sex. Anyone who commits it, shall be punished with deprivation of liberty from nineteen to twenty-two years in any of the following cases: 1. when the victim is private reason or consciousness, or when sickness or disability could not resist.

2. when using violence, threat or intimidation. 3. When is the victim under the age of fourteen. Shall be punished with a maximum of the expected penalty in the first paragraph, when: 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 infringement, contracts a serious or deadly disease. 3. the victim is less than ten years. 4. the offender is tutor or guardian, legal representative, curator or curator or any person in the intimate setting of the family or the environment of the victim, Minister of cult or education or health professional or any person who has the duty of custody on the victim.

5. the aggressor is ascendant or descendant or collateral up to the fourth degree of consanguinity or second of affinity.

6. the victim is under the care of the offender for any reason. In all cases, if the death of the victim it is punishable by imprisonment from twenty-two to twenty-six years. Article 172-Use of people for public display purposes of a sexual nature-the person that you use to girls, children and adolescents over the age of sixty-five people or people with disabilities to force them to display your total body or partially for the purpose of sexual, it shall be punished with imprisonment from five to seven years. Article 173-Contact sexual purpose with children under 18 years by electronic means-the person to propose electronic or telematic means arrange a date with one person under eighteen years of age, provided that such a proposal is accompanied by material acts aimed at rapprochement with erotic or sexual purpose, shall be punished with imprisonment of one to three years.


When the approach is obtained through coercion or intimidation, it shall be punished with imprisonment of three to five years. The person laying impersonating the identity of a third party or through the use of a false identity by electronic or telematic means, communications of sexual or erotic content with one person under eighteen years of age or disability, shall be punished with imprisonment of three to five years. Article 174-Offer of sexual services with children under 18 years by electronic means-the person who use or provide email, chat, instant messaging, social networks, blogs, photoblogs, network games or any other electronic or telematic means to offer sexual services with children under eighteen years of age, shall be punished with imprisonment from seven to ten years. Article 175.-Provisions common to offences against sexual and reproductive integrity.-for crimes provided for in this section shall be respected the following common provisions: 1. in these crimes, the judicial officer, in addition to the custodial sentence may impose one or several non custodial sentences.

2. in them cases in which it or the alleged aggressor is ascendant or descendant or collateral until the fourth grade of consanguinity or second of affinity, spouse, co-habiting, partner, ex partner, couple or ex couple in union indeed, tutor or guardian, representative legal, curator or curator or any person to charge of the care or custody of the victim , the judge of guarantees criminal as measure precautionary suspended the homeland power, tutoring, guardianship and any other mode of care on the victim in order protect their rights. This measure also may request it or where the Prosecutor ex officio or request of a party or the competent judge.

3. for these crimes the mitigation referred to in paragraph 2 of article 45 of this code shall not apply. 4. the behavior public or private of the victim, prior to the Commission of the sexual offence, is not considered within the process.

5. in those crimes sexual, the consent given by the victim less of eighteen years of age is irrelevant.

6. the victims in these crimes may enter the program of victims and witnesses.

SECTION fifth offences against the right to equality paragraph first offence of discrimination article 176-discrimination-the person except the cases provided as affirmative action policies spread practice or incite any distinction, restriction, 30 - supplement - official record No. 180 - Monday 10 February 2014 exclusion or preference made on the basis of nationality, ethnicity, place of birth, age , sex, gender identity or sexual orientation, cultural identity, marital status, language, religion, ideology, socio-economic status, immigration status, disability or State of health with the aim of nullifying or impairing the recognition, enjoyment or exercise of equal rights, it shall be punished with imprisonment of one to three years. If the infringement punctuated this article is ordered or executed by the or the public servants, will be punished with imprisonment of three to five years.

SECOND paragraph of article 177-acts of hate-hate crime the person that committed acts of physical or psychological violence of hatred against a person because of their nationality, ethnicity, place of birth, age, sex, identity of gender or sexual orientation, cultural identity, marital status, language, religion, ideology, socio-economic status, immigration status, disability, State of health or carry HIV shall be punished with imprisonment of one to three years. If them acts of violence cause wounds to the person, is punished with the penalties custodial of freedom planned for the crime of injury aggravated in a third. If acts of violence cause the death of a person, shall be punished with imprisonment from twenty-two to twenty-six years.

SECTION sixth offences against the right to personal and family privacy article 178.-violation of privacy-the person who, without consent or legal authorization, accesses, intercept, examine, retain, record, reproduce, spread or publish personal data, message data, voice, audio and video, postal objects, information contained in computer media, communications private or reserved for another person by any means , will be sanctioned with penalty sentence of freedom of one to three years. These rules are not applicable to the person who report audio and video recordings in which intervenes personally, nor when it comes to public information in accordance with the law. Article 179-Revelation of secret-the person who, having knowledge by reason of their State or profession, employment, profession or art, a secret whose disclosure could cause damage to another person and reveal him, shall be punished with imprisonment from six months to a year. Article 180.-Dissemination of information of restricted circulation.-the person that you spread information of restricted circulation shall be punished with imprisonment of one to three years.

Is restricted circulation information: 1. information that is expressly protected by a clause of reserve previously provided for in the law. 2. the information produced by the Prosecutor's Office in the framework of a research prior. 3. the information about the girls, boys and adolescents who violates their rights as provided for in the organic code of childhood and adolescence.

Article 181-private-person violation of property who, with tricks or illegal way, enter or keep on dwelling, home, business, unit or enclosure inhabited by another, against the expressed or presumed will of whoever has right to exclude it, shall be punished with imprisonment from six months to a year. If the fact is executed with violence or intimidation, it shall be punished with imprisonment of one to three years. The person who, in the exercise of a public service, without proper authorization or outside cases referred to legally; or with a false order of public authority; or suit or under the name of one of its agents, violates a domicile or place of work, shall be punished with imprisonment of three to five years. In violation of domicile is presumed that there is no consent of the owner or the owner or his manager when they are not present in the act constituting the offence.

SECTION seventh offense against the right to the honour and good name article 182-slander-the person, by any means, make a false accusation of one crime against another, shall be punished with imprisonment from six months to two years. Do not constitute slander the pronouncements made to authorities, judges and courts, when allegations were made because of the defense of the cause. It is not responsible of slander who proved the veracity of the allegations. However, in no event will accept test on the imputation of a crime that has been the subject of a ratifying ruling of innocence of processing, dismissal or file. There will be no place to criminal liability if the author of slanders, retractare voluntarily before proffering enforceable sentence, provided that the publication of the withdrawal is made at the expense of the person in charge, is met in the same way and with the same characteristics that spread the accusation. The withdrawal does not constitute a form of acceptance of guilt.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 31 section eighth crimes against freedom of expression and worship article 183.-restriction to freedom of expression-the person who, by violent means, restricts the right to freedom of expression, shall be punished with imprisonment from six months to two years. Article 184-Restriction on the freedom of worship-the person who, using violence, prevents one or more individuals to profess any religion, shall be punished with imprisonment from six months to two years.

SECTION ninth offences against the right to property article 185-extortion-the person that, for the purpose of obtaining personal gain or for a third party, obliged to another, with violence or intimidation, to perform or omit an act or legal business to the detriment of their heritage or that of a third party, shall be punished with imprisonment of three to five years. The penalty shall be five to seven years if any of the following circumstances occur: 1. If the victim is one person less than eighteen years old, more than sixty-five years, pregnant women or persons with disabilities, or a person who is suffering diseases that compromise their life.

2. If running with the intervention of a person with whom the victim keep working relationship, trade or other similar or with a person of confidence or relative within the fourth degree of consanguinity and second of affinity.

3 If the constraint is executed with threat of death, injury, kidnapping or act which might arise calamity, misfortune or common danger.

4. if committed wholly or partially from a place of


deprivation of liberty. 5. If he is committed wholly or partially from abroad. Article 186.-scam.-it person that, for get a benefit heritage for itself same or for a third person, through the simulation of made false or the deformation u concealment of made real, induce to error to another, in order to perform an act that harms its heritage or the of a third, will be sanctioned with penalty custodial of freedom of five to seven years. The maximum penalty shall be the person who: 1. defraud using credit, debit and payment card or similar, when it is altered, cloned, duplicated, missing, stolen or obtained without legitimate consent of its owner.

2 disappoint through the use of electronic devices that alter, modify, clone or duplicate the original devices of an ATM automatic to capture, store, you copy or reproduce information from credit, debit and payment cards or similar.

3 give false certification on operations or investments made by the legal person. 4 seed to the purchase or public sale of securities by means of any act, practice, mechanism or artifice deceptive or fraudulent.

5. make contributions or transactions fictitious with regard to any value. The person that harms more than two people or the amount of your prejudice is equals or exceeds fifty unified basic worker wages in general shall be punished with imprisonment from seven to ten years. The fraud committed by means of an institution of the system of national financial, of the popular and solidary economy making financial intermediation through the use of public funds or Social Security, shall be punished with imprisonment from seven to ten years. The person who issued tickets or tickets for events in public venues or mass concentration in about the number of the capacity authorized by the competent public authority, shall be punished with imprisonment of thirty to ninety days. Article 187.-Abuse of trust-the person who has for itself or a third, of money, goods or assets delivered with the condition of restoring them or use them in a particular way, shall be punished with imprisonment of one to three years. The same penalty is imposed on the person who, abusing another, signed in blank document, extend it any document to the detriment of the signer or a third. Article 188-Free riding services public.-the person who alters the systems of control or device counters to take advantage of public services of electricity, water, derived from hydrocarbons, natural gas, liquefied petroleum or telecommunications, own or third parties, or make direct connections, destroy, Pierce or handling facilities for transport, communication or access to those services shall be punished with imprisonment from six months to two years. It penalty maximum planned is will impose to it or to the server public that allow or facilitates the Commission of it infringement u skip make it denounces of the Commission of the infringement. The person that offer, pay or marketed services public of light electric, telecommunications or water drinking without be legally empowered, through concession, 32-supplement-registration official No. 180-Monday 10 of February of 2014 authorization, license, permission, conventions, records or any other form of hiring administrative, will be sanctioned with penalty custodial of freedom of one to three years. Article 189-Theft-the person who by threats or violence you subtract or it seizes outside Cabinet thing, is that violence takes place before the Act to facilitate it, at the time of committing it or after task to ensure impunity, it will be punished with imprisonment from five to seven years. When theft occurs only with force in things, it shall be punished with imprisonment of three to five years. If you are running using substances that affect ability volitional, cognitive and motor, in order to submit to the victim, leaving it in a State of drowsiness, unconsciousness, or helplessness, or to force her to perform acts that would not run them, with awareness and will it shall be punished with imprisonment from five to seven years. If to consequence of the theft is cause injury of them planned in the numeral 5 of the article 152 is punished with penalty sentence of freedom of seven to ten years. If the offence is committed on public goods, will be imposed the maximum penalty, depending on the circumstances of the offence, increased by one-third. If death is caused as a result of the theft, the deprivation of liberty shall be twenty-two to twenty-six years. The server police or military that stealing war material such as weapons, ammunition, explosives or use police or military equipment, shall be punished with imprisonment from five to seven years. Article 190-Fraudulent appropriation by electronic means-the person that you fraudulently use a computer system or electronic and telecommunications networks to facilitate the appropriation of a good of others or that ensure the transfer not spoiled goods, values or rights to the detriment of this or of a third, in his benefit or else altering, manipulating or modifying the operation of electronic networks programs, computer, telematics systems and telecommunications terminal equipment, it shall be punished with imprisonment of one to three years. The same punishment shall be imposed if the offence is committed with non-use of alarm systems or guards, discovery or decryption of secret passwords or encrypted, use of magnetic or punched, cards use of controls or instruments of opening distance, or violation of securities electronic, computer, or other similar. Article 191.-reprogramming or modification of information of equipment terminals mobile.-it person that reprogram or modify the information of identification of them equipment terminals mobile, will be sanctioned with penalty sentence of freedom of one to three years. Article 192-Exchange, marketing, or purchase of mobile terminal equipment information.-the person that you exchange, market or buy databases containing identifying information of equipment mobile terminals, shall be punished with imprisonment of one to three years. Article 193.-Replacement of identification of mobile terminals-the person that you replace labels manufacture of mobile terminals containing identifying information of such equipment and put in place other tags with false or different from the original identifying information, it shall be punished with imprisonment of one to three years. Article 194-Illicit commercialization of mobile terminals-the person that it marketed mobile phones in violation of the provisions and procedures laid down in the regulations issued by the competent authority of telecommunications, will be punished with imprisonment of one to three years. Article 195-Illicit infrastructure-the person who possesses the infrastructure, programs, equipment, databases, or tags that allow reprogramming, modifying or altering the identifying information of a mobile terminal equipment, shall be punished with imprisonment of one to three years. It does not constitute a crime, the opening of bands for operation of mobile terminal equipment. Article 196-Theft-the person that without violence, threat or intimidation in the person or things force, seizes illegitimately of alien furniture thing, it shall be punished with imprisonment from six months to two years. If the crime is committed on goods public is imposed the maximum of the penalty planned augmented in a third. The determination of the penalty shall be regarded as the value of the thing at the time of seizure. Article 197.-Theft of police use or military: the server police or military which steal military equipment such as weapons, ammunition, explosives or military or police equipment, shall be punished by imprisonment of three to five years. In the case of theft of medicines, clothing, food or other species that affect the development of the national police or the armed forces, will be punished with imprisonment of one to three years. Article 198.-Theft of requisitioned.- the server police or military that, to have practiced requisitions, is ownership of the requisitioned property, shall be punished with the maximum penalty for this offence.

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Article 199.-cattle rustling.-the person that is taking possession of an or more heads of won horse, beef, pig, wool, will be sanctioned with penalty custodial of freedom of one to three years. Equal penalty is imposed to the person that, with mood of appropriate is, insert, alter, delete or falsify irons, brands, signals u others instruments or devices used for the identification of them heads of won. If the offence is committed with force, it shall be punished with imprisonment of three to five years. If it is committed with violence shall be punished with imprisonment from five to seven years. If as a result of the offence it causes the death of a person, shall be punished with imprisonment from twenty-two to twenty-six years. Article 200.-usurpation.-the person that strip illegitimately to another of the possession, tenure or domain of a well immovable or of a right real of use, usufruct, room, bonded or antichresis, constituted on a property, will be sanctioned with penalty custodial of freedom of six months to two years. If unlawful dispossession occurs with intimidation or violence, shall be punished with imprisonment of one to three years. Article 201-Occupation, illegal use of soil or traffic land.-the person who for take advantage own or of third parties, promote or organize the occupation or illegal settlement in foreign lands, shall be punished with imprisonment from five to seven years. The maximum penalty shall be imposed to a person who without the necessary administrative authorisations of fractionation of an urban or rural area offer lots or parcels of land from the property for sale and request from the public, directly or indirectly, money or any other property of its heritage. If determines criminal liability of the legal person, will be punished with extinction and a fine of one hundred to two hundred unified basic worker wages in general. Article 202-Receiving stolen goods-the person who hide, manage, store, transport, sells or transfers ownership, in whole or in part, of movable property, things or livestock to knowing that they are the product of theft, robbery or cattle rustling or without documents or contracts that would justify their ownership or possession, it shall be punished with imprisonment from six months to two years. If by omission of the duty of care not made sure that the or the licensors of such documents or contracts are people whose data of identification or location can be established, shall be punished with a custodial sentence of two to six months. Article 203.-marketing of goods of use police or military pilfered or stolen.-it or the server police or military that acquires, marketed or transfer to knowing goods stolen or pilfered belonging to the police national or to the forces armed, will be sanctioned with penalty custodial of freedom of three to five years. Article 204-Damage to the good of others.-the person who destroy, disable or impair a good of others shall be punished with imprisonment of two to six months. It shall be punished with imprisonment of one to three years, in any of the following cases: 1. If the damage caused paralyses public or private services. 2. If those objects are of recognized importance scientific, historical, artistic, military or cultural. 3. If fire is used to damage or destruction of property. 4. If they are real estate holding mass meetings. It shall be punished with imprisonment of three to five years, in any of the following: 5. If poisonous, corrosive or toxic substances are used. 6. If badly destroyed the dwelling of another person, preventing it to reside in it. If is used explosive for the damage or the destruction of goods estate, will be sanctioned with penalty sentence of freedom of five to seven years. The determination of the penalty for the value of the asset will be considered at the time of the Commission of the offence. Article 205-Fraudulent insolvency.-the person who own behalf or as agent, legal representative, Director, Manager or employee of entity or company, by any way, to simulate a State of insolvency or bankruptcy to evade its obligations towards its creditors, shall be punished with imprisonment of three to five years. Same penalty will be the person who as a legal representative, representative, Director, Manager, knowing the State of insolvency is the legal entity which administers, remember, decide or allow this issue publicly offered securities or make public offering of the same. If determines criminal liability of legal persons, the closing of their premises or establishments and fine of fifty to one hundred unified basic worker wages will be imposed in general. Article 206.-Bankruptcy-the person who as a dealer is convicted of fraudulent bankruptcy, or hoist shall be punished with imprisonment of one to three years.

34 supplement - official record No. 180 - Monday, February 10, 2014 article 207.-bankruptcy fraudulent legal person.-in the case of the bankruptcy of a company or a legal person, all or all director, administrator or Manager of the company, accountant or bookkeeper who cooperate in its execution, shall be punished with imprisonment of three to five years. Article 208-Concealment and other fraudulent acts for the benefit of the failed.-shall be punished with imprisonment from six months to two years: 1. the person who in gift of the bankrupt removes, conceals, or hide, in whole or in part, their movable or immovable property.

2. the person presenting himself bankrupt fraudulently and hold, either in your name or by interposition of person, credit assumptions or exaggerated.

3. the person who won, being provided with the failed or anyone, particular advantages, by reason of their vote in the deliberation concerning the bankruptcy or the person who has made a particular contract which is an advantage in his favour and against the assets of the failed.

4 or the bankruptcy trustee charged with embezzlement in the performance of their office.

PARAGRAPH only Contraventions against the right of ownership article 209.-violation of theft-in case the hurtado does not exceed fifty per cent of the basic wage unified worker in general, the person shall be punished with imprisonment from fifteen to thirty days. For the determination of the offence shall be considered the value of the thing at the time of seizure. Article 210-Contravention of cattle rustling.-in case the stolen does not exceed a basic wage unified worker in general, the person shall be punished with imprisonment from fifteen to thirty days. For the determination of the offence shall be considered the value of the thing at the time of seizure.

SECTION tenth offences against the right to identity article 211.-suppression, alteration or assumption of identity and civil status.-the person that illegally prevent you from, alter, add or delete the registration of his identity data or else in software, games, index cards, certificates or any other document issued by the Directorate-General of Civil Registry , Identification and documentation or its dependencies or sign up as their own, in the General direction of Civil registration, identification and documentation for a person who is not your child, shall be punished with imprisonment of one to three years.

The person who illegally alter the identity of a girl or boy; replace it with another; delivered or set false or alleged data about a birth; usurps the legitimate paternity or maternity of the child or falsely declare the death of a newborn baby, shall be punished with imprisonment of three to five years. Article 212.-impersonation of identity.-it person that of any form to impersonate the identity of another to get a benefit for itself or for a third, in prejudice of a person, will be sanctioned with penalty custodial of freedom of one to three years.

SECTION eleventh crimes against the migration article 213.-traffic illicit of migrant.-it person that, to get direct or indirectly benefit economic u another of order material by any medium, promotes, capture, welcome, facilitate, induce, finance, collaborate, participate or help to the migration illicit of people national or foreign, from the territory of the State Ecuadorian towards others countries or vice versa or , facilitates its permanence irregular in the country, provided that this not constitute infringement more serious, will be sanctioned with penalty custodial of freedom of seven to ten years. With the same punishment it penalized the owners of air, sea or land transport vehicles and the people who are part of the crew or responsible for the operation and driving, if you set your knowledge and participation in the infringement. If the smuggling of migrants lies with girls, children or adolescents or persons in vulnerable situations, he shall be punished with imprisonment from ten to thirteen years. When as a result of the infringement is causing the death of the victim, he shall be punished with imprisonment from twenty-two to twenty-six years. If criminal liability of the legal person will be punished with the extinction of the same.

Chapter third offences against the rights of the good living section first offences against the right to health


Article 214.-Genetic manipulation-the person who manipulate human genes by altering the genotype, different purposes to the preventing or combating a disease, shall be punished with imprisonment of three to five years. The person performing gene therapy on germ cells, with different purpose to the combat a disease, shall be punished with imprisonment from five to seven years.

Supplement - Registro Oficial Nº 180 - Monday, February 10, 2014 - 35 the person to generate human beings by cloning, it shall be punished with imprisonment from seven to ten years. Article 215.-Permanent damage to health-the person to use biological, chemical or radioactive elements that cause permanent, irreversible or irreparable damage to the health of one or more persons, shall be punished with imprisonment from seven to ten years. Article 216.-human-contamination of substances intended for consumption that alter, putting at risk, life or health, materials or food or alcoholic beverages intended for human consumption, shall be punished with imprisonment of three to five years. The same penalty shall be punished the person who, knowing of the alteration, participate in the chain of production, distribution and sale or the non-observance of the respective norms in relation to the control of food. The Commission of this infringement of way negligent, will be sanctioned with penalty sentence of freedom of two to six months. Article 217.-Production, manufacturing, commercial - use and distribution of medicines and expired supplies.-the person who import, produce, manufacture, sell, distribute, or expend drugs or counterfeit medical devices or it fails to comply with the regulatory requirements relating to its composition, stability and efficiency, shall be punished with imprisonment of three to five years. The person who expend or dispense expired prescription medicines and thereby endangers the life or health of persons, shall be punished with imprisonment from six months to two years, and disqualification for the exercise of the profession or trade for six months. If determines criminal liability of a legal person, shall be punished with a fine of thirty to fifty unified basic salaries of workers in general and the extinction of the same. Article 218-Neglect of the service of health.-the person who, in the obligation to provide a health service with the ability to do so, refuses to care for patients in a State of emergency, shall be punished with imprisonment of one to three years. If the death of the victim, as a result of the neglect, the person shall be punished with deprivation of liberty of thirteen to sixteen years. If determines criminal liability of a legal person, shall be punished with a fine of thirty to fifty unified basic salaries of workers in general and its temporary closure.

SECOND section "crimes" by production or illicit trade in scheduled substances subject to control illicit article 219.-production of scheduled substances subject to control.-the person that directly or indirectly without authorization and requirements laid down in the relevant regulations: 1. produces, manufactures, extracts or prepare, narcotic substances, psychotropic or preparations containing them, it will be punished with a custodial sentence of seven to 10 years 2. Produce, manufacture or prepare precursors and chemical specific destined to the elaboration illicit of substances narcotic and psychotropic or prepared that them contain, will be sanctioned with penalty sentence of freedom of three to five years.

Article 220-Scheduled substances subject to control illicit trade.-the person that directly or indirectly without authorization and requirements laid down in the relevant regulations: 1. Oferte, store, end, distribute, buy, sell, send, transport, marketed, import, export, have, possess or generally perform illicit traffic of narcotic and psychotropic substances or preparations containing them, in the amounts set forth in the scales laid down in the relevant regulations (, it shall be punished with deprivation of liberty in the following way: to) minimum scale of two to six months. (b) medium-scale of one to three years. (c) high level of five to seven years. (d) large scale of ten to thirteen years.

2 offers, store, end, distribute, buy, sell, send, transport, marketed, import, export, have, possess or generally perform illicit trafficking of chemical precursors or chemicals specific, intended for the illicit manufacture of narcotic and psychotropic substances or preparations containing them, shall be punished with imprisonment from five to seven years.

If narcotic drugs and psychotropic substances or preparations containing them, are offered, sold, distributed or delivered to girls, children, or adolescents, it shall be liable to the maximum penalty increased by one third. The holding or possession of substances narcotic or psychotropic for use or consumption personal in the amounts established by the normative corresponding, not will be punishable. Article 221.-organization or financing for the production or traffic illicit of substances scheduled subject to control.-the person that direct or indirectly finance u organize, activities or groups of 36-supplement-registration official No. 180-Monday 10 of February of 2014 people dedicated to it production or traffic illicit of substances scheduled subject to control, will be sanctioned with penalty custodial of freedom of sixteen to nineteen years. Article 222-Sowing or cultivation-the person who sow, cultivate or harvest plants to extract substances that by themselves or whose active ingredients will be used in the production of narcotics and psychotropic, marketing purposes, shall be punished with imprisonment of one to three years. Article 223-Supply of narcotic substances, psychotropic preparations which contain-the person who through deception, violence or without the consent of another, provide substances or narcotics, psychotropic or preparations containing them, it shall be punished with imprisonment of one to three years. Article 224-Prescription unjustified- the health care professional who, without just cause, prescribes substances narcotics, psychotropic or preparations containing them, he shall be punished with imprisonment of one to three years. If you prescribe the prescription to an or an incapable all, pregnant women, disabled or elderly, will be punished with imprisonment of three to five years. Article 225-Actions in bad faith to engage in crimes-the person that you put narcotic or psychotropic substances in clothing or the assets of a person, without the consent, in order to incriminate her in any of the offences punished in this chapter; perform some action to this end or have ordered such acts, shall be punished with imprisonment from five to seven years. If the person who incurs the conduct typified in the preceding paragraph is public servant or pretends to comply with orders of the competent authority, it shall be punished with the maximum of the custodial sentence. Article 226-Destruction of material objects-in all the crimes referred to in this section, be imposed the penalty of destruction of material objects of the infringement, which include plants, substances, laboratories and any other objects that have middle or end direct relationship with the offence or its makers. The judge can declare social benefit or public interest instruments or effects of the infringement and authorize its use. Article 227-Scheduled substances subject to control.-for purposes of this code, are considered controlled listed substances, narcotic drugs, psychotropic substances, precursor chemicals and specific chemical substances contained in the corresponding legislation.

Article 228-Allowable amount for personal consumption- or use the ownership or possession of narcotic substances, psychotropic or preparations containing them, for personal consumption, shall be regulated by the corresponding legislation.

THIRD section "crimes" against the security of the systems of information and communication assets article 229-illegal disclosure of database-person, self-dealing or a third party, disclose registered information contained in files, files, databases, or media alike, through or directed to a system of electronic, computer and telematic or telecommunication; materializing the violation of secrecy, privacy and the privacy of individuals voluntarily and intentionally, shall be punished with imprisonment of one to three years. If this conduct is committed by one or a public servant, employees or internal bank employees or institutions of popular and solidary economy performing financial intermediation or contractors, shall be punished with imprisonment of three to five years. Article 230-Illegal interception of data.-shall be punished with imprisonment of three to five years: 1. the person who without prior court order, in self-dealing or a third party, to intercept, listen, swerve, record or notice, in any form computer data at its source, destination or on the inside of a computer system, a signal or transmission of data or signals with the purpose of obtaining information recorded or available.


2. the person who design, develop, sell, run, schedule or send messages, security certificates or electronic pages, links or pop-ups or modify system resolution of domain names of a financial service or electronic payment or another personal site or confidence, in such a way that induces a person to enter an address or website other than you want to access.

3. the person that through any means copy, clone or market information contained in the magnetic strip, chip or another electronic device to be supported in credit, debit and payment cards or similar.

4. the person who produce, manufacture, distribute, possess or provide materials, electronic devices or systems intended for the Commission of the offence described in the foregoing paragraph.

Article 231.-Electronic transfer of estate assets.-the person that, with non-profit alter, manipulate or modify the operation of program or computer or telematic system or data message, to procure the transfer or appropriation not consented to supplement - official record No. 180 - Monday, February 10, 2014 - 37 a heritage asset of another person to the detriment of this or a third party shall be punished with imprisonment of three to five years. With equal punishment, will be punished the person who furnishes or provide your bank account information with intent to obtain, receive or capture of illegitimate form a heritage asset through an electronic transfer product of this crime for himself or for another person. Article 232.-attack to the integrity of systems computer-it person that destroy, damage, delete, impair, alter, suspend, lock, cause wrong operation, behavior not desired or delete data computer, messages of mail electronic, of systems of treatment of information, telematic or of telecommunications to all or parts of their components logical that it govern, will be sanctioned with penalty custodial of freedom of three to five years. With equal penalty will be sanctioned the person that: 1. Design, develop, program, purchase, send, insert, run, band or distribute of any way, devices or programs computer malicious or programs intended to cause them effects designated in the first subsection of this article.

2 destroy or alter without permission from its owner, the technological infrastructure necessary for the transmission, receipt or processing of information in general.

If the offence is committed on computer goods intended for the provision of a service related to public safety or public, the penalty shall be five to seven years of imprisonment. Article 233.-Crimes against public information reserved legally-the person who destroys or disable classified information in accordance with the law, shall be punished with imprisonment from five to seven years. It or the server public that, using any medium electronic or computer, get this type of information, will be sanctioned with penalty sentence of freedom of three to five years. In the case of confidential information, the disclosure of which may seriously compromise the security of the State, the public servant in charge of custody or legitimate use of information that, without proper authorization, disclose such information, shall be punished with imprisonment of from seven to ten years, and the disqualification to exercise an office or public service by six months , provided that not another more serious offence to be set. Article 234-Access not consented to a system computer, electronic or telecommunications-the person that unauthorized access in whole or in part to a computer or telematic system or telecommunications or stays within it against the will of whoever has the legitimate right to unlawfully exploit access accomplished, modify a website divert or reroute data or voice traffic or offer services that these systems provide to third parties, without paying them to legitimate service providers, shall be punished with deprivation of liberty from three to five years.

FOURTH section crimes against the rights of consumers, users and other agents of the market article 235-deception to the purchaser with respect to the identity or quality of things or services sold-person cause any error to the purchaser or user about the identity or quality of the thing or service sold, fraudulently providing a different object or service offered in advertising , information or contract or about the nature or origin of the thing or service sold, giving a similar in appearance which has been bought or believed to buy, it will be punished with imprisonment from six months to a year. If is determined liability criminal of a person legal, will be sanctioned with fine of ten to fifteen wages basic unified of the worker in general. Article 236-Casinos, gaming halls, houses of stakes or businesses dedicated to the creation of random-the person who manage, operate, or established casinos, gaming halls, houses of business dedicated to the realization of gambling or betting, shall be punished with imprisonment of one to three years. The person who carry out the activities referred to in the previous paragraph, with profit simulating that it performs them non profit, shall be punished with imprisonment of three to five years. Instruments, products or revenues used or obtained by the Commission of the offence will h.

SECTION fifth offences against the right to culture article 237.-destruction of cultural heritage properties-the person that you damage, damage, destroy whole or in part, property belonging to the cultural heritage of the State, considered as such in the national legislation or international instruments ratified by Ecuador, regardless of the right in rem which may have about them, shall be punished with imprisonment of one to three years. The same penalty shall be subject to the server or the public employee who acting on its own or as a member of a collegial body, authorized or permitted, against law, modifications, alterations, or overthrows that cause the destruction or damage to property belonging to the Cultural heritage of the nation; as well as to the officer or employee whose report or opinion has led to the same result.

38-supplement-registration official No. 180-Monday 10 of February of 2014 when not is possible the reconstruction or restoration of the well object of the infringement, is apply the maximum of the penalty privative of freedom. If is determined liability criminal of person legal is imposed the penalty of dissolution. Article 238.-Transport and unlawful marketing and traffic of goods of cultural heritage-the person who unlawfully carrying acquires, disposes, end, exchanged or marketed property belonging to the cultural heritage of the State, considered as such in the national legislation or international instruments ratified by Ecuador, regardless of the right in rem which may have about them, shall be punished with imprisonment from five to seven years. If the conduct typified in this article are committed on archaeological goods, the custodial sentence of seven to ten years shall be imposed. Article 239.-Falsification or adulteration of goods of cultural heritage-the person he falsifies, replace or you adulterate goods of the cultural heritage of the State, considered as such in national legislation and international instruments ratified by the Ecuador, regardless of the real right that is over them, it shall be punished with imprisonment from six months to two years. Article 240.-Theft of goods of cultural heritage-the person that you subtract property belonging to the cultural heritage of the State, considered as such in national legislation and international instruments ratified by Ecuador, regardless of the real right that you may have about them, shall be punished with imprisonment of three to five years. The person who takes these assets, using force in things shall be punished with imprisonment from five to seven years. If it is committed with violence or threat against the custodians, guardians, forks or any other person, will be punished with a custodial sentence of seven to ten years.

SECTION sixth offences against the right to work and Social Security article 241-impediment or limitation of the right to strike-the person who, by means of deception or abuse of position of need, prevent or limit the exercise of the right to take part in a strike, shall be punished with imprisonment of two to six months. If the described behavior is done through force, violence or intimidation, the penalty shall be six months to a year. Article 242-Illegal retention of contribution to social security-the person that retain the employer or personal contributions or make discounts for rehabilitation of times of service or dividends of mortgage and unsecured loans for their employees


and please do not leave them in the Ecuadorian Institute of Social security within the maximum period of ninety days from the date of the respective retention, it will be punished with imprisonment of one to three years. For the effect, it or the affected, the Director General or the Director Provincial of the Institute Ecuadorian of safety Social, in your case, is will lead to the Prosecutor to start the research respective. If determines criminal liability of the legal person, will be punished with the closure of their premises or establishments, until cancelled due values. Article 243.-Lack of affiliation to the Ecuadorian Institute of Social security by a legal person-in the case of legal entities that do not comply with the obligation to join one or more of their workers to the Ecuadorian Institute of Social Security, shall be liable to the intervention of the entity of competent control for the time necessary to protect the rights of workers and they will be punished with a fine of three to five unified basic salaries of the worker in general, by each employee not affiliate, provided that these not paid the value respective within the term of forty and eight hours after having been notified.

SECTION seventh violation against the right to work article 244.-lack of affiliation to the Ecuadorian Institute of Social Security- the employer who does not enroll their workers to the compulsory social insurance within thirty days from the first day of work, shall be punished with imprisonment of three to seven days. The foreseen penalties shall be imposed provided that the person does not pay the respective value, within a period of forty-eight hours after having been notified.

Chapter fourth crimes against the environment and nature or Pacha Mama section first crimes against biodiversity article 245.-Invasion of areas of ecological importance-person it that it invades areas of the national system of Protected Areas and fragile ecosystems, it shall be punished with imprisonment of one to three years. The maximum of the expected penalty applies when: 1. as a result of the invasion, will cause severe damage to the biodiversity and natural resources. 2. is promote, finance or direct the invasion taking advantage of is of the people with deception or false promises.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 39 article 246.-fire forest and vegetation.-the person who directly or indirectly cause fires or abets the Commission of such acts, in native or planted forests or Moors, shall be punished with imprisonment of one to three years. Except domestic or agricultural burning carried out by communities or small farmers within its territory. If these fires become uncontrollable and cause forest fires, the person shall be punished for culpable offence with imprisonment of three to six months. If as result of this crime occurs to the death of one or more persons, he shall be punished with deprivation of liberty of thirteen to sixteen years. Article 247-Crimes against wild flora and fauna-the person who catches fish, capture, collect, remove, have, transport, traffic, to benefit, swap or marketed, specimens or parts thereof, their constituent elements, products and derivatives, flora or terrestrial wildlife, marine or aquatic, threatened, endangered and migratory species listed nationally by the national environmental authority as well as instruments or treaties international ratified by the State shall be punished with imprisonment of one to three years. The maximum of the expected penalty will be applied if there is any of the following circumstances: 1. the fact is committed in period or area of production of seed reproduction or of incubation, nesting, calving, breeding or growth of the species.

2. the fact will perform within the system national of Areas protected. Is except of the present available, only it hunting, the fishing or captures by subsistence, them practices of medicine traditional, as well as the use and consumption domestic of the wood made by them communities in their territories, whose purposes not are commercial or of profit, which must be coordinated with the authority environmental national. Article 248-Offences against the resources of the national genetic patrimony-the attack on Ecuadorian genetic heritage is a criminal offence in the following cases: 1. unauthorized access: the person in breach of national legislation access to genetic resources of the national heritage that includes or not associated intangible component, shall be punished with imprisonment of three to five years in prison. The penalty shall be aggravated by one third if it is shown that access has had commercial purpose.

2. genetic erosion: the person who enters, with his actions or omissions play, traffic or market bodies or organic and inorganic material that can permanently alter national genetic heritage, including or not associated intangible component, shall be punished with imprisonment of three to five years, taking into consideration the value of the damages caused.

3. loss genetic: the person that with their actions or omissions cause loss of the heritage genetic national, that include or not component intangible associated will be sanctioned with penalty custodial of freedom of three to five years, taking in consideration the value of them damages caused.

PARAGRAPH only contravention of abuse and death of pet or pets article 249.-abuse or death of a pet or animal company.-the person who by Act or omission causes harm, injury, damage to the physical integrity of a pet or pet, will be punished with a penalty of fifty to one hundred hours of community service. If it causes the death of the animal shall be punished with imprisonment of three to seven days. Except for this provision, the efforts to put an end to the suffering caused by accidents, diseases or for reasons of force majeure, under the supervision of a specialist in the subject. Article 250.-Fights or fights between dogs-the person who engage dogs, train them, organize, promote or schedule fights between them, it shall be punished with imprisonment from seven to ten days. If it causes mutilation, injury or death of the animal, shall be punished with imprisonment from fifteen to thirty days.

SECTION second offences against natural resources Article 251.-offences against the water-the person who in violation of laws, contamination, dry out or alter the bodies of water, springs, fountains, Instream, natural water afloradas or groundwater of river basins and in general the hydrobiological resources or perform discharges into the sea causing serious harm, it will be punished with a sentence of three to five years. The maximum penalty shall be imposed if the offence is perpetrated in a space of the national system of Protected Areas or if the offence is perpetrated for profit or with methods, instruments or means resulting in widespread and permanent damage. Article 252. Offences against ground-the person that you contravention of the regulations, in relation to the territorial and environmental management plans, change the use of the forest floor or the ground intended for the maintenance and conservation of native ecosystems and their ecological functions, affect or damage its fertile layer, cause erosion or Desertification, causing serious damage, it shall be punished with imprisonment of three to five years.

40 - Supplement - official record No. 180 - Monday, February 10, 2014 will be imposed the maximum penalty if the offence is perpetrated in a space of the national system of Protected Areas or if the offence is perpetrated for profit or with methods, instruments or means resulting in widespread and permanent damage. Article 253-Pollution of the air-the person that, contravening the regulations existing or to adopt the measures required in the standards, contaminate air, the atmosphere, or other components of the airspace at levels such that severe damage to natural resources, biodiversity and human health, shall be punished with imprisonment of one to three years.

THIRD section crimes against environmental management article 254-management prohibited or unauthorized products, waste, waste or dangerous substances-the person, contrary to provisions in the current regulations, develop, produce, have, available, burn, marketed, insert, import, transport, store, deposit or use, products, waste, waste and chemical or dangerous substances, and this produces damage to biodiversity and natural resources shall be punished with imprisonment of one to three years. It shall be punished with imprisonment of three to five years in the case of: 1. chemical, biological or nuclear weapons. 2. chemical and agrochemical prohibited, polluting organic persistent highly toxic and substances radioactive.

3. spread of diseases or pests. 4. technologies, experimental biological agents or genetically modified organisms harmful and harmful to human health or that threaten biodiversity and natural resources.


If death occurs as a result of these crimes, he shall be punished with deprivation of liberty of sixteen to nineteen years. Article 255.-falsehood u concealment of information environmental.-it person that issue or provide information false u hide information that is of sustenance for the emission and granting of permissions environmental, studies of impacts environmental, audits and Diagnostics environmental, permits or licenses of use forest, that provoke the found of an error from the authority environmental, will be sanctioned with penalty custodial of freedom of one to three years. Is imposed the maximum of the penalty if it or the server public, on the occasion of their functions or taking advantage of is of its quality of server or their responsibilities of perform the control, process, issue or approve with information false permits environmental and them others established in the present article.

SECTION fourth provisions common article 256.-definitions and standards of the national environmental authority.-the national environmental authority shall determine for each crime against the environment and nature technical definitions and scope of serious damage. Thus also establish standards relating to the right to restoration, identification, fragile ecosystems and the lists of species of threatened, endangered and migratory species of wild fauna and flora. Article 257-Obligation of restoration and repair.-the penalties provided for in this chapter, apply concomitantly with the obligation to fully restore the ecosystems and the obligation to compensate, repair and compensate individuals and communities affected by the damage. If the State assumes this responsibility, through the national environmental authority, will repeat it against the natural or legal person that causes directly or indirectly damage. The competent authority shall adopt rules relating to the right to restoration of nature, which will be mandatory. Article 258.-Penalty for legal persons-in the offences set forth in this chapter, if criminal liability to the legal person shall be punished with the following penalties: 1. fine of one hundred to three hundred unified basic worker wages in general, closing temporary, comiso and the remediation of environmental damage, if the crime is expected to a penalty of imprisonment of one to three years.

2 fine from two hundred to five hundred unified basic worker wages in general, closing temporary, comiso and the remediation of environmental damage, if the crime has provided a penalty of deprivation of liberty from three to five years.

3. fine of five hundred to thousand wages basic unified of the worker in general, closing final, comiso and the remediation of them damage environmental, if the crime has planned a penalty of deprivation of freedom superior to five years.

Article 259.-mitigating.-is may reduce until a quarter of them penalties contained in this chapter, when the person that has committed the violation, adopt them measures and actions that compensate them damage environmental. Qualification and monitoring of measures and actions will be the responsibility of the national environmental authority.

SECTION fifth crimes against non-renewable natural resources paragraph first offences against article 260.-activity mining resources illicit resources miners-the person who without authorization from the competent authority, Supplement - official record No. 180 - Monday, February 10, 2014 - 41 remove exploit, explore, explore, transform, transport, market or store mineral resources, will be punished with a sentence of five to seven years. In the case of artisanal mining will be punished with imprisonment of one to three years. If product of this illicit will cause damage to the environment, will be sanctioned with penalty sentence of freedom of seven to ten years. Article 261-Financing or supply of machinery for illicit extraction of mineral resources.-the person that own or of third parties, finance or supply any title, machinery, equipment and tools and in general any instrument used to perform illicit activities described in the preceding article, shall be punished with imprisonment of three to five years.

SECOND paragraph crimes against hydrocarbon activity, derived from hydrocarbons, liquefied petroleum gas and biofuels article 262.-suspension of the fuel-distribution service person you paralyze or suspend unjustifiably dispensing public service or distribution of hydrocarbons and their derivatives, including the liquefied petroleum gas and biofuels, shall be punished with imprisonment from six months to a year. Article 263-Adulteration of the quality or quantity of the products derived from hydrocarbons, liquefied gas oil or biofuels-person it that yes or through a third party, either fraudulent or illegal you adulterate the quality or quantity of hydrocarbons and their derivatives, including the liquefied petroleum gas and biofuels, will be punished with imprisonment of one to three years. Article 264-Storage, transportation, packaging, marketing or illegal distribution or misuse of products derived from hydrocarbons, liquefied gas oil or biofuels-person it that without proper authorization, storing, carrying container, market or distribute products oil and its derivatives, including the liquefied petroleum gas and biofuels or being authorized, diverted to a different segment, it will be punished with imprisonment of one to three years. People using derivatives of hydrocarbons, including the liquefied petroleum gas and biofuels, in activities other than those permitted expressly by law or competent authority, shall be punished with imprisonment of one to three years. Article 265.-Storage, transportation, packaging, marketing, or illegal distribution of hydrocarbons in the border provinces, maritime or river ports or territorial waters-the person who, in the border provinces, maritime, fluvial ports or territorial waters, store, transport, container, marketed or distributed without proper authorization, products derived from hydrocarbons including gas liquefied petroleum or biofuels, shall be punished with imprisonment from five to seven years. With the same penalty, will be sanctioned if not is detected the presence of a substance legally authorized, that additives to them fuels allow identify them or that modify it structure original of the medium of transport without count with it authorization of the entity of the State corresponding. Article 266.-Subtraction of hydrocarbons-the person who by fraudulent or illegal means from seizing of hydrocarbons, their derivatives, including the liquefied petroleum and biofuels, when they are transported through a pipeline, pipeline, pipeline or through any other means, or when they are stored in immediate sources of supply or pumping plants, shall be punished with imprisonment from five to seven years. Article 267-Sanction legal person-if criminal liability of the legal person by the actions typified in this section shall be punished with a fine of five hundred to one thousand Basic unified worker wages in general.

Chapter fifth crimes against the liability citizen section first crimes against the guardianship judicial effective article 268.-malfeasance of them or them judges or arbitrators-them or them members of the career judicial jurisdictional; the or the arbitrators in law which fail against express law, to the detriment of one of the parties; proceed against express law, which prohibits making or leaving what you send, in the conduct of the causes or known causes that sponsored parties as lawyers or attorneys, solicitors or attorneys, shall be punished with imprisonment of three to five years. In addition the disqualification for the exercise of the profession or occupation shall be imposed for six months. Article 269-Malfeasance of the or the lawyers- the lawyer, advocate or Attorney that at trial reveals the secrets of his person defended to the opposing party or that after having defended a part and by learning their means of Defense, leaves and defend to another, shall be punished with imprisonment of one to three years. Article 270-Perjury and false testimony-the person, to testify, confess, report or translating to or competent authority, are missing the truth under oath, commits perjury, shall be punished with imprisonment of three to five years; When it does so without oath, kite false testimony, it will be punished with imprisonment of one to three years.

42 supplement - official record No. 180 - Monday, February 10, 2014


Similarly, committed perjury when knowingly has missed the truth in sworn or certified property declarations made before a notary public if perjury is committed in criminal proceedings, it shall be punished with imprisonment from seven to ten years. If perjury is committed in criminal proceedings, it shall be punished with imprisonment from five to seven years. Except for cases of releases and testimony of the suspect or the processing, both in the pre-trial phase, and in the criminal process. Article 271-Prosecution or malicious complaint.-the person to propose a complaint or accusation in particular whose facts are not established, provided that the accusation or complaint be judicially declared as malicious, it shall be punished with imprisonment from six months to a year. Article 272.-Procedural fraud-the person in order to induce deception or the judge, in the course of a civil or administrative proceedings before criminal proceedings or during it, to hide the instruments or testing, change the status of people, places or things, shall be punished with imprisonment of one to three years. With equal penalty will be sanctioned who knowing it conduct criminal of an or several people, them provide accommodation or hideout, or les provide them media so is take advantage of them effects of the crime committed, or les favor hiding them instruments or tests materials of the infringement, or disabling them signals or traces of the crime, for avoid its repression and which being obliged by reason of their profession, employment, trade or profession, to practice the test marks or traces of the crime or the clarification of the punishable act, hide or alter the truth, with the purpose of promoting them. Article 273.-Revelation of identity of agent undercover, informant, witness or protected person-the person who improperly disclose the actual or new identity, domicile or current whereabouts or other information that allow or give chance to other known information that allows to identify and locate an agent undercover, informant, witness or protected person, shall be punished with imprisonment of one to three years. Article 274.-Evasion-the person that by action or omission allow that a private of freedom is evade of the center of deprivation of freedom, will be sanctioned with penalty custodial of freedom of one to three years. If one is the active subject of the offence or a public servant, the penalty will be three to five years of deprivation of liberty. If the infringement is culpable worth will be from six months to one year of deprivation of liberty.

The person deprived of freedom, either by conviction as precautionary, which evade it, it shall be punished with imprisonment of one to three years. Article 275.-Entry of prohibited items-the person to enter, by itself or through third parties, to the centres of deprivation of freedom, alcoholic beverages, substances listed and subject to control, weapons, cell phones or communication equipment; goods u objects prohibited attached to the body or to their garments of clothing, will be sanctioned with penalty privative of freedom of one to three years. The same penalty applies in the event that the objects referred to in the previous paragraph, are on the inside of the social rehabilitation centres or in the possession of the person deprived of liberty. Article 276-Omission of complaint by a professional of the health- the professional or the auxiliary medical or other branches related to health received by a person with signs of having suffered serious violations of human rights, sexual and reproductive integrity or death violent and not denounce the fact It shall be punished by imprisonment of two to six months.

SECOND section Contraventions against the effective judicial protection article 277-omission of complaint-the person who as a servant or public servant and according to his position, know of any fact that can configure an offence and do not put it immediately to the attention of the authority, shall be punished with imprisonment from fifteen to thirty days.

THIRD section "crimes" against the efficiency of article 278-embezzlement-the public administration or public servants and persons acting under a State authority in any of the institutions of the State, determined in the Constitution of the Republic, self-serving or of third parties; abuse, to be appropriated, distracted or arbitrarily have movable or immovable property, public or private money, effects that represent them, parts, titles or documents that are in their possession in virtue or reason of their office, shall be punished by imprisonment of ten to thirteen years. Using the subjects described in the first subparagraph, self-serving or third persons, workers paid by the State or by public sector entities or assets of the public sector, if it means profit or increase in assets, they shall be punished with imprisonment from five to seven years. The same penalty is apply when them subject described in the first subsection is advantage economically, in benefit own or of third people, of studies, projects, reports, resolutions and more documents, Supplement-registration official No. 180-Monday 10 of February of 2014-43 qualified of secret, reserved or of circulation restricted, that are or have State in its knowledge or low its dependence in reason or with occasion of the charge that exert or have exerted. Are responsible of embezzlement them or them officials, administrators, Executive or employees of the institutions of the system financial national or entities of economy popular and solidarity that perform activities of intermediation financial, as well as them members or vocal of them directories and of them tips of administration of these entities, that with abuse of them functions own of its charge have fraudulently to be appropriated or distract the funds, goods, money or private effects representing them, directly causing a financial loss to its partners, depositary, has partners or owners of the goods, funds or monies, shall be punished by imprisonment of ten to thirteen years. The person who obtain or grant credit related, related or intercompany, violating express legal provisions with respect to this kind of operation, to the detriment of the financial institution, shall be punished with imprisonment from seven to ten years. The same penalty shall apply to the beneficiaries involved in the Commission of this unlawful and the person who give their name to their own advantage or a third party, but does not have the qualities laid down in the preceding paragraph. Them or them sentenced by them behaviors provided for in this article will be disabled or disabled of by life, for the performance of all charge public, all charge in entity financial or in entities of the economy popular and solidarity that made intermediation financial. Article 279-Illicit enrichment-the or the public servants and persons acting by virtue of a State authority in any of the institutions of the State, determined in the Constitution of the Republic, who have obtained for themselves or third parties an equity increase unjustified on its behalf or intermediary, product of his position or function, more than four hundred unified basic worker wages in general they will be punished with imprisonment from seven to ten years. Means that there were not only illicit enrichment when heritage has increased with money, things and property, but also when they have cancelled debts or obligations extinguished. If heritage increase generally exceeding two hundred and less than four hundred unified basic worker wages, the custodial sentence will be five to seven years. If heritage increase is up to two hundred unified basic worker wages in general, the custodial sentence is three to five years. Article 280-Bribery-or public servants and persons acting under a State authority in any of the institutions of the State, listed in the


Constitution of the Republic, that receive or accept, by itself or by interposed person, benefit economic abuse or of another class for itself or a third, is for make, skip, expedite, delay or condition issues relating to their functions, will be sanctioned with penalty custodial of freedom of one to three years. If the public server, executes the Act or does not act because, he shall be punished with imprisonment of three to five years. If the described behavior is to commit another crime, the public servant, shall be punished with imprisonment from five to seven years. The person offering under any modality, give or promise to one or a public servant a gift, gift, promise, advantage or improper financial gain or other property of the material order to make, omit, expedite, delay or condition matters relating to their functions or to commit a crime, shall be punished with the same penalties laid down for public servants. Article 281-Concussion-the or public servants and persons acting under a power state in one of the institutions of the State, determined in the Constitution of the Republic, its agents or officers employees abusing their office or functions, by Yes or through third parties, ordered or required delivery rights, fees, contributions revenue, interest, salary or bonuses not due, shall be punished with imprisonment of three to five years. If the conduct referred to in the preceding paragraph is carried out by means of violence or threats, the public servant, shall be punished with imprisonment from five to seven years. Article 282-Breach of legitimate decisions of competent authority-the person that it fails to comply with orders, prohibitions specific or legally due, directed to it by competent authority within the framework of its legal powers, it shall be punished with imprisonment of one to three years. It or the server military or police that is denied to obey or not meets them orders or resolutions legitimate of authority competent, provided that to the made not you appropriate a penalty custodial of freedom upper with arrangement to them provisions of this code, will be sanctioned with penalty custodial of freedom of three to five years. Is apply the maximum of the penalty planned in the subsection second of this article, when it or the server military or police disobeys or is resist to meet requirements legitimate of the police, in its function of agents of authority and auxiliary of the Attorney General of the State. Article 283-Attack or resistance-the person who attack or can resist with violence or threats to public officials, depositaries or agents of the security forces, Commissioners for the perception of taxes and contributions, the executors of the decrees and rulings, guardians of customs and 44 - supplement - official record No. 180 - Monday, February 10, 2014 office fundraising and to police officers When they work in execution of laws, or orders or regulations of the public authority, shall be punished with imprisonment from six months to two years. If the conduct referred to in the preceding paragraph has been committed by many people and as a result of a previous concert, they shall be punished with imprisonment of one to three years. In the cases of them interjections earlier, if them people, also, are armed, will be sanctioned with penalty privative of freedom of three to five years. The person who incites public force to execute the previous behaviour, shall be punished with deprivation of liberty established for each case increased by one-third. If as a result of the initiative is a conflict in which injuries occur, it shall be punished with imprisonment from five to seven years, and if the death occurs, it shall be punished with imprisonment from twenty-two to twenty-six years. Article 284-Breaking of seals-the person who break or remove seals imposed by the competent authority, for breaching the imposed measure, shall be punished with imprisonment of one to three years. Article 285.-Traffic of influences: the or the servers public, and persons acting under a State authority in any of the institutions of the State, listed in the Constitution of the Republic, prevaliendo is the powers of office or any situation for their personal or hierarchical relationship, to exert influence in one or another server to obtain an act or resolution favourable to their interests or third-party they will be punished with imprisonment of three to five years. The maximum of the expected penalty shall apply when people described in the first paragraph, taking advantage of the popular representation or cargo carrying, favour or have favored natural or legal persons that, against express statutory or regulatory provisions, give them contracts or conducting business with the State or any other public agency permit. Are included within this provision them and them vocal or members of them agencies administrators of the State or of the sector public in general, that, with your vote, cooperate to the Commission of this crime. Article 286-Offer for traffic of influences-the person, offering to make the conduct described in the preceding article, request third party: gifts, presents or any other compensation or accept offer, or promise, it will be punished with imprisonment of three to five years. Article 287-Usurpation and simulation of public functions-the person that exercise public functions without authorization or simulate position or public authority, it shall be punished with imprisonment of one to three years.

The person that exercise functions public and is destitute, suspended or declared legally in interdiction and that continue in the exercise of their functions after be notified with the dismissal, suspension or ban, will be sanctioned with penalty custodial of freedom of six months to a year. Article 288.-Use of public force against orders of authority: the or the servers public and persons acting under a power state in one of the institutions of the State, listed in the Constitution, which use members of the national police or armed forces, contradicting the Constitution, preventing the execution of lawful orders issued by competent authority, or allowing the use of violence without sufficient legal legitimation they will be punished with imprisonment of one to three years. Article 289.-Testaferrismo.-the person that it consents to appear as his chattels, real estate property titles, actions, shares, money, securities or effects representing it, product of illicit enrichment of the server or former public servant or product of private enrichment not justified, shall be punished with imprisonment of three to five years. When goods, titles, shares, participations, money, securities or effects constituting it come from the production, offer, illicit trade in scheduled substances subject to control, trafficking in persons, various forms of exploitation, crime, scam or that violate human rights, will be punished with the same penalty of the crime that is concealed. The person who being holder of authorization of agugust of boats or permits tourism in the Galapagos National Park and the Galapagos marine reserve of the province, self-serving or a third party, please record as his property or illegally allow the use of their rights which will serve for this purpose, shall be punished with imprisonment of three to five years. The instruments used in the Commission of the offence as well as products or obtained revenues will be h. Article 290-Offences against the institutional assets of armed forces or national police- the server of the armed forces or national police, shall be punished with imprisonment from six months to a year, when performing any of the following acts: 1. run or does not obstruct, acts that may cause fire, damage or cause a serious risk to the security of a unit or establishment of national police or armed forces.

2. hide to their superior faults or damage serious in facilities, provisioning or material logistics to its charge that is of use of the personal police or military.

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Article 291.-Responsibility-shirking of the or the servers of the armed forces or national police- the server of the armed forces or national police that evades its responsibility in acts of service, when this omission causes damage to a person, shall be punished with imprisonment from six months to a year. Article 292-alteration of evidence and elements of test-the person or it or the server public, that alter or destroy vestiges, evidence materials u others elements of test for the research of a violation, will be sanctioned with penalty custodial of freedom of one to three years. Article 293-Excess in the execution of an act of service- the server of the armed forces, national police or prison security to overreach in the execution of an act of service, without observing the progressive or rational use of force, in cases that must use it and as a result, producing lesions to a person It will be punished with deprivation of liberty that corresponds, according to the rules of injuries, with the increase of one-third of the penalty. If as result of the failure of the use progressive or rational of the force is produces the death of a person, will be sanctioned with penalty privative of freedom of ten to thirteen years. Article 294.-Abuse of powers- the server of the armed forces or national police which, in the exercise of their authority or command, perform the following acts, shall be punished with imprisonment of one to three years: 1. enforce against their lower punishments not provided for in the law or overdo your application. 2 assume, retain or extend undue or illegal command, service, cargo or military or police function. 3. make requisitions or impose illegal contributions. 4. order to their subordinates the performance of functions below to your grade or employment; beyond the interest of the service or urge to commit a violation that endangers the safety of the national police or the armed forces.

5 obtain benefits for themselves or third parties, abusing the hierarchy, grade, function, level or prerogatives, always that this fact does not constitute another offence.

6 allow people outside or unrelated to the institution to exercise functions that correspond exclusively to the members of the military or police service.

FOURTH section Contraventions against the efficiency of the public administration article 295.-negative to provide assistance requested by civil authority.-or the server of the national police or the armed forces, after being legally requested by the civil authority, refuses to provide assistance that is asked, he shall be punished with deprivation of liberty of fifteen to thirty days. Article 296.-Theft of uniforms and badges-person to publicly use uniforms or insignia of an official position that does not correspond, it shall be punished with imprisonment from fifteen to thirty days.

SECTION fifth crimes against the regime of development article 297.-enrichment private not justified.-the person who obtains for himself or for another, directly or by interposed person, patrimonial increase not justified more than two hundred unified basic worker wages in general, shall be punished with imprisonment of three to five years. Article 298.-Tax fraud-the person who simulate, conceals, ignore, distort, or fool in the determination of the tax liability, to stop paying taxes actually due, in self-dealing or a third party in whole or in part, shall be punished when: 1. use identity or identification alleged or false in the application for registration, updating or deletion of records carrying the tax administrations.

2. use data, information or adulterated or false documentation in the application for registration, updating or deletion of records carrying the tax administrations.

3. perform activities in a settlement to knowing of that will find closed. 4. print or make use of proofs of sale or of retention or of documents complementary that not be authorized by the Administration tax.

5. provide to the tax administration reports, reports with goods, data, figures, circumstances or false, incomplete, defaced or tampered history.

6. make noted in tax returns false, incomplete, disfigured or adulterated information, provided that the taxpayer has not exercised, within the year following the Declaration, the right to submit the substitutive statement in the manner provided by law.

7. falsify or alter permissions, guides, invoices, records, marks, labels or any other type of control of manufacture, consumption, transport, import and export of encumbered assets.

8. alter books or records computer of accounting, annotations, seats or operations relating to the activity economic, as well as the record accounting of accounts, names, quantities or data false.

46 supplement - official record No. 180 - Monday 10 February 2014 9. Wear double counting with different seats on books or computer records for the same business or economic activity.

10 destroy totally or partially, books or computer records of accounting or other required by the tax rules or documents that support them, to avoid payment or reduce the value of tax obligations.

11 sell liquor without rectifying consumption or alcohol without bottling and falsely declare volume or alcoholic strength of the product subject to the tribute outside the tolerance limit set by the INEN, as well as the sale outside the quota established by the internal revenue service, of ethyl alcohol which is intended for the manufacture of alcoholic beverages, pharmaceuticals, and Eau de toilette.

12 issue, accept or present proof of sale, retention or complementary documents by non-existent operations to the tax administration or the amount of which does not match the corresponding to the actual operation.

13 issue proof of sale by operations carried out with Phantom, nonexistent or so-called companies.

14 submitted to the tax administration proof of sale by operations carried out with Phantom, nonexistent or so-called companies.

15 skip income, including costs, expenses, deductions, exemptions, rebates or deductions false or non-existent, or higher than that coming legally, to avoid the payment of taxes due.

16 extend to third parties the benefit of a right to subsidies, rebates, exemptions and fiscal stimulus or to benefit from them without the right.

17 simulate one or more acts, contracts to get or give a benefit of subsidy, reduction, exemption or fiscal stimulus.

18 there is lack of deliberate, total or partial delivery agents of retention or perception of the tax withheld or collected, after ten days of period established in the standard to do so expires.

19. There is undue obtaining a refund of taxes, interest or penalties. The penalties for the crime of infringement are: in the cases of the numerals from 1 to 11, shall be punished with imprisonment of one to three years. In cases of numerals from 12 to 14, will be punished with imprisonment of three to five years. When the amount of them proofs of sale exceeds the one hundred


unified basic worker wages in general, shall be punished with the maximum of the custodial sentence for these crimes. In cases of numerals from 15 to 17, will be punished with imprisonment from five to seven years. When disappointed taxes exceed one hundred unified basic worker salaries in general, will be punished with the maximum of the custodial sentence for these crimes. In the case of those numerals 18 and 19, will be sanctioned with penalty sentence of freedom of five to seven years. When withheld or collected taxes that have not been declared or paid, as well as in the case of taxes that have been returned wilfully, exceed one hundred unified basic worker salaries in general, will be punished with a custodial sentence of seven to ten years. It constitutes aggravated fraud and will be punished with the maximum penalty provided for each case, the committed with the participation of one or more officers or the tax administration servers and will entail the removal from office of such officials or servers. In the case of legal persons, corporations or any other entity which, although lacking legal status, constitute an economic unit or a patrimony separate from that of its members, in accordance with the provisions of this code, shall be punished with a penalty of extinction of the legal person and a fine of fifty to one hundred unified basic worker wages in general. Persons who exercise control over the legal person, or who provide their services as employees, workers or professionals, liable as authors if they have participated in the tax fraud for the benefit of the legal person, even if they have not acted with any mandate. In cases in which the withholding agent or agent of perception is an institution of the State, the official in charge of fundraising, statement and delivery of tax collected or retained the active subject, in addition to the custodial sentence for infringement, without prejudice that is set up a more serious offence It will be punished with dismissal and will be unable to hold 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 due taxes section sixth offences against the Customs Administration article 299.-fraud customs.-the person that harms the Customs Administration in revenues from taxes on goods whose amount exceeds 150 unified basic worker wages in general , will be sanctioned with penalty supplement-registration official No. 180-Monday 10 of February of 2014-47 custodial of freedom of three to five years and fine of until ten times the value of them tributes that is pretended to evade, if performs any of the following acts: 1. amount or export goods with documents false or adulterated for change the value, quality , quantity, weight, species, antiquity, origin or other characteristics as brands, codes, series, models; in the present case the exercise of criminal action does not depend on rulings whose decision jurisdiction the civil jurisdiction.

2 to simulate an operation of foreign trade in order to obtain an incentive or partial or total economic benefit or any other.

3. do not declare the correct amount of goods. 4. hide inside goods declared other goods subject to Declaration. 5 get unduly the release or reduction of taxes to trade in goods that do not meet the requirements to receive such benefits under the Act.

6 seed, by any means, the error to the Customs Administration in the conditional return of taxes.

Article 300-Receiving stolen goods customs-acquisition title against payment or free of charge, reception in clothing, consignment and holding or storage of foreign goods, whose amount exceeds 150 unified basic worker wages in general, unless the holder of the same credit legal importation or legitimate acquisition in the country, within seventy-two hours at the request of the competent customs authority It will be punished with a sentence of one to three years and a fine of the double of the customs value of the goods. Article 301-Smuggling-the person who, in order to evade the control and customs supervision of goods whose amount is equal to or greater than ten unified worker's basic wage in general, perform one or more of the following acts, shall be punished with imprisonment of three to five years, fines of up to three times the customs value of the goods the subject of crime When: 1. Enter or remove goods from the customs territory clandestinely. 2. mobilize goods foreign within the zone secondary without the document that accredits the legal tenure of them same, provided not can justify is the origin lawful of such goods within them seventy and two hours later to the discovery.

3. charge or download of a means of transport goods not expressed, provided that this is done without the control of the competent authorities.

4 interne goods from an area special economic development or subject to a special regime, without compliance with the requirements laid down in the relevant legislation to the national territory.

5. landing, download or lance in land, sea or in another medium of transport, goods foreign before submit is to the control customs, except the cases of arrival forced.

6 hide by any mechanism foreign goods in ships, aircraft, vehicles or loading units, unless they have had the control of the Customs authorities.

7 violates or remove seals, locks and other safety devices placed in the means of transport, loading units, enclosures or premises authorized as temporary deposits, provided that determined missing all or part of the goods.

8. Remove goods that are primary zone or temporary storage, without having obtained release of them. "Those responsible of them deposits temporary and them authorities port and airport or their dealers will be responsible if allow by action or omission this crime."

Article 302-bad use of exemptions or tax suspensions customs-the person that you sell, transfer, or improperly use goods whose amount exceeds 150 basic salaries unified worker in general, imported under cover of special customs regimes, which entails the suspension of the payment of taxes in the foreign trade or imported with total or partial relief from taxes without previously obtaining the authorization of the competent customs authority, shall be punished with imprisonment of three to five years and a fine of up to ten times the value of the taxes which was intended to evade. The person who acquires title free or against payment, enjoy the transfer or improperly use goods whose amount exceeds 150 unified basic worker wages in general, imported with total or partial relief from taxes to foreign trade, unless the owner or consignee has previously obtained the authorization of the competent customs authority, it shall be punished according to the gravity of the offence with imprisonment of one to three years. Article 303-Aggravating circumstances of customs crimes.-when there are one or more of the following circumstances shall be punished with the maximum penalty provided for in the preceding articles and other sanctions for the offence concerned, when: 1. the participant of the crime be servant or public servant, who abused his position on exercise or on the occasion of its functions.

2. the participant of the crime is entrenched customs agent or an authorized economic operator that abused on exercise or on the occasion of this quality.

48 supplement - official record No. 180 - 10 February 2014 3 Monday. To prevent the discovery of the crime, is hindered or obstruct the seizure, provisional retention, immobilization and the confiscation of the goods material object of the offence, through the use of violence, intimidation or force.

4 is made to appear as recipients or suppliers to natural or legal persons, non-existent or declare false addresses on documents and formalities relating to the customs.

5. caused taxes of goods exceeds three hundred unified basic worker wages in general.

6. the goods object of the offence are counterfeit or a different to the actual place of manufacture, qualification in order to benefit from tariff preferences or benefits in the area of origin.

In the case of the numeral one, the inability to perform a job, position, function or dignity in the public sector, to double the time that lasts the custodial sentence; and in the case of the numeral two is it punishable also with the final cancellation of the license or authorization and the impediment to the exercise of the activity of customs or to again qualify as authorised economic operator agent, personally or by interposed natural or legal person.

SECTION seventh crimes against of the monetary regime


Article 304.-Traffic of currency-the person enter, purchase, market, circulate or make circular coin adulterated, modified or distorted in any way, shall be punished with imprisonment of one to three years. Article 305.-Production, possession and trafficking of instruments intended for the counterfeiting of currency-the person who produces, save, purchase or sell commodities or instruments to falsification, fabrication or alteration of national or foreign currency, checks, securities values, credit, debit and payment cards or other documents or devices used as equivalent to the currency payment, it shall be punished with imprisonment of three to five years. Article 306-Counterfeiting currency and other documents-the person he falsifies, manufactures or adulterate national legal tender or foreign currency, put into circulation or fraudulently use official effect state-regulated, it shall be punished with imprisonment from five to seven years. The person who commits falsehood forging in whole or in part effects, cheques, securities values, credit cards, debit or payment, used devices as a means of payment equal to the currency or any alteration that varies its sense or the information they contain, making true shall be punished with imprisonment from five to seven years.

SECTION eight crimes economic article 307.-economic panic.-the person who publish, spread or report false news causing damage to the national economy to alter the prices of goods or services in order to benefit an industry, market or specific product, shall be punished with imprisonment from five to seven years. Article 308-Agiotage.-will be sanctioned with penalty custodial of freedom of one to three years: 1. the person that, fraudulently, by meeting or coalition between them main forks of a merchandise or gender make raise or lower the price of the merchandise, of them papers, effects or values, to not sell them but by a price determined.

2. the person who fails to pay the minimum official price of bearing capacity established by the State for the banana, corn, rice or any other agricultural product for the purpose of marketing in the national and foreign market.

3 which offer public funds or shares or debentures of a company or legal person, saying or doing glimpse false facts or circumstances.

Article 309.-usury-the person that grant a loan direct or indirectly and stipulates an interest greater that the allowed by law, will be sanctioned with penalty sentence of freedom of five to seven years. When the injury extends more than five people, will be punished with a custodial sentence of seven to ten years. The person that simulate the existence of a legal business and hide a user account loan, shall be punished with imprisonment from five to seven years. In these cases the return will be sorted to the victim of the mortgaged or love and the return of all paid for illegally. Article 310-Disclosure of financial information reserved.-the person who own or third-party report financial information declared as reserved by the governing body of public finances, to generate economic conditions unfavourable to the State, shall be punished with imprisonment of three to five years. Article 311.-concealment of information.-it person that, in its quality of representative legal, director, administrator or official have low its responsibility information economic or financial of an entity dedicated to the catchment usual and massive of money, which is obliged to provide and, it hide to them partners, shareholders or to them creditors, will be sanctioned with penalty custodial of freedom of three to five years.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 49 article 312-falsehood of information.-shall be punished with imprisonment of three to five years: 1. representatives, administrators or officials of the entities of the stock market that, knowingly give false information about operations that have intervened.

2 persons who have acted fraudulently, to provide false information in the negotiations subject to a public offer of securities.

Section 313-Stock fraud-the person who carries out any of the following activities, shall be punished with imprisonment of three to five years: 1. the person who, without being legally authorized to intervene in the stock market, use in any public form of expressions or names that have the character of exclusivas determined in the law on the matter.

2. administrators and other persons acting on behalf of societies which, in a State of bankruptcy, issued or negotiated publicly offered securities.

3 persons who, being obliged, does not impede that bankrupt companies issued or negotiated publicly offered securities.

4 persons who carry out fictitious trading or that relate to fix, fraudulently, prices or stock quotes.

5. the people who celebrate, fraudulently, contracts of mercantile trust to the detriment of third parties.

6. the people that use unduly moneys, actions or titles that them represent delivered by third to be negotiated or invested in the market of values.

7. them forks of titles of income variable that diverge or is subdivided packages stock, low any mode contractual, in order evade the compliance of their obligations legal, unless there is authorization prior and express of the authority competent.

8 or the directors or administrators of an issuer which, maliciously, book facts damage the interest of the market that should be known by the public.

Article 314-Forgery in the market values.-shall be punished with imprisonment of three to five years: 1. persons who obtain a registration in the register of securities through information or provided false history. If this offence is committed by servants or public servants, they shall be punished with imprisonment from seven to ten years.

2. the representatives of them deposits centralized of compensation and liquidation of values that in form fraudulent, omit or distort inscriptions.

3. operators who alter the identity or legal capacity of persons who have been hired through or which violate the authenticity and integrity of the values that negotiate.

4. the people who carried out fraudulently, risk ratings without conform to the actual situation of the issuer.

5 persons who, performing functions of external audit, to hide fraud or other serious irregularities detected in the audit process.

6. the people who carried out appraisals of goods that are not subject to reality. Article 315.-Improper insurance contract authorization.- the administrators of companies of insurance or reinsurance or its delegates authorizing contracts of insurance or reinsurance companies that maintain deficit in its solvency margin, shall be punished with imprisonment of three to five years. Article 316-Incorrect insurance-operations shall be punished with imprisonment of one to three years: 1. the person who, without being legally authorized, established companies or businesses that perform insurance operations, anyone who is its name, which, in Exchange for the payment of a premium, quota or amount early, always assume obligation to compensate for loss or damage caused by an uncertain event or to pay capital or income if the event provided for in the contract.

2. the person who, by declaring false claims, is done to provide compensation for the loss or damage referred to in a contract of insurance or reinsurance.

In previous cases, by legal persons will be responsible for the or the managers who authorize operations or on behalf of those who subscribe to the respective contracts. Article 317.-Washing of assets-the person who directly or indirectly: 1. have, purchase, transfer, possess, manage, use, keep, protect, deliver, transport, convert or to benefit in any way, of assets of illicit origin.

2 hide, conceals or prevents, the actual determination of the nature, origin, provenance or linking of assets of illicit origin.

50 supplement - official record No. 180 - 10 February 2014 3 Monday. Lend your name or that of the company, or of which is a partner or shareholder, for the Commission of the offences set forth in this article.

4 organize, manage, advise, participate or to finance the Commission of the offences set forth in this article. 5. perform, by itself or through third parties, operations and transactions financial or economic, aiming to give the appearance of legality to money laundering activities.

6. Enter or graduate money of illicit origin by steps and bridges in the country. These offences are considered autonomous of other committed inside or outside the country, without prejudice to cases in which the accumulation of penalties or actions take place. This does not relieve the prosecution of its obligation to investigate the illicit origin of the assets object of the offence. Money laundering is punishable by the following sentences: 1. with imprisonment of one to three years


When the amount of the active object of the crime is lower to one hundred wage basic unified of the worker in general.

2. with imprisonment from five to seven years when the Commission of the offence does not presuppose the Association to commit a crime. With imprisonment from seven to ten years, in the following cases: to) when the amount of the active subject of the offence is equal to or greater than one hundred unified basic worker wages in general.

(b) if the Commission of the crime presuppose the Association to commit a crime, without use of the Constitution of companies or enterprises, or the use of which are legally constituted.

(c) when is the offence committed to using institutions of the financial system or insurance; institutions public or dignities; or, in the performance of senior management positions, functions or jobs in such systems.

3 with imprisonment from ten to thirteen years, in the following cases: to) when the amount of the active subject of the offence exceeds two hundred unified basic worker salaries in general.

(b) when the Commission of the offence presupposes the Association to commit a crime through the establishment of companies or enterprises, or the use of which are legally constituted.

(c) when has the offence been committed using dignities, positions, public institutions, or public employment.

In the above-mentioned cases, the money laundering is also punishable by a fine equivalent to the double of the amount of the active object of the offence, confiscation in accordance with the provisions of this code, dissolution and liquidation of the legal person created for the Commission of the offence, if applicable. Article 318-False incrimination for laundering assets.-the person who carries out actions to falsely incriminate one or more persons in the Commission of the crime of money-laundering, shall be punished with imprisonment of one to three years. Maximum penalty shall apply if the acts mentioned in the preceding paragraph are committed by one or a public servant. Article 319.-omission of control of washing of active.-it person that, being working of a subject forced to report to the entity competent and being responsible of functions of prevention, detection and control of washing of active, skip the compliance of their obligations of control planned by the law, will be sanctioned with penalty custodial of freedom of six months to a year. Article 320.-simulation of exports or imports-the person that, in order benefit is of grants, incentives or any other type of contribution or helps of the State, perform exports or imports fictitious or of to the product imported a destination different to which said to get the benefit, will be sanctioned with penalty custodial of freedom of three to five years.

FIRST paragraph "contravention" of illegal acts aimed at the rise in prices of products subject to price to the rise in prices of products subject to official price article 321.-acts illegal officer-person, without legal authorization, increase the values of products subject to official price, shall be punished with imprisonment from fifteen to thirty days.

SECOND paragraph crimes against the financial system article 322-panic financial-the person you report false news which caused alarm in the population, causing the massive withdrawal of deposits of any institution of the financial system and the popular and solidary economy perform financial intermediation, which endanger the stability or lead to the definitive closure of the institution shall be punished with imprisonment from five to seven years. Article 323.-catchment illegal of money.-the person that organize, develop and promote of form public or clandestine, activities of intermediation financial without authorization legal, intended to capture illegally money of the public in form usual and massive, will be sanctioned with penalty sentence of freedom of five to seven years.

Supplement - Registro Oficial Nº 180 - Monday, February 10, 2014 - 51 the person to perform Exchange rate or monetary operations in regular and massive form, without the authorization of the competent authority, shall be punished with imprisonment of three to five years. Article 324-financial-person false information that, in his capacity as legal, Director, administrator or employee representative of an entity dedicated to the usual and massive uptake of money, provide false information to the public, for its own benefit or for third, it shall be punished with imprisonment of three to five years. Article 325-Sanction legal person-in the offences set forth in this section, if liability is determined for the legal person shall be punished with the following penalties: 1. fine of one hundred to two hundred unified basic worker wages in general, if the crime is expected to a sentence of imprisonment of less than five years.

2. fine from two hundred to five hundred basic salaries unified of the worker in general, if crime has planned a penalty of deprivation of liberty or less ten years.

3 permanent closure of their premises or establishments and fine of five hundred to one thousand unified basic salaries of workers in general, if the offence committed is scheduled a sentence of deprivation of liberty or less thirteen years.

4 endangered and fine of thousand to five thousand basic salaries unified of the worker in general, if the offence committed is expected to a custodial sentence of more than thirteen years.

Article 326.-discount abuse of values.-them entities of the system financial and them of the economy popular and solidarity that made intermediation financial, that without authorization of the body public of control respective, without any notice prior or through notifications late, discount or cut values or moneys of them depositors and cardholders, will be sanctioned with fine of ten to twenty wages basic unified of the worker in general. The person who as a Director, Manager or employee of these entities authorized discounts or cuts provided for in the preceding subsection, shall be punished with imprisonment of one to three years.

NINTH section crimes against public faith Article 327-falsification of signatures-the person who alters or falsifies the signing of another in a private instrument, shall be punished with imprisonment of one to three years. The person who alters or falsifies the signing of another in a public instrument, shall be punished with imprisonment of three to five years.

Article 328-Forgery and use of false document-the person that he falsifies, destroys or adulterate modifying effects or sense of public, private documents, stamps, coins or national seals, established by law for the proper evidence of acts of legal significance, shall be punished with imprisonment from five to seven years. In the case of private documents, the penalty shall be three to five years. The use of these false documents, shall be punished by the same penalties provided for in each case. Article 329.-counterfeiting, making or alteration of recipes-the person that falsify, forge, mutilate or alter recipes medical; use them for commercial purposes or for the purpose of procuring narcotics, psychotropic or preparations containing them, it shall be punished with imprisonment from six months to two years. Article 330.-Illegal exercise of the profession-the person who exercises the profession without title, in those activities in which professional degree, are required by law shall be punished with imprisonment from six months to two years. The or the professionals favoring the action of another person in the illegal exercise of the profession, will be fined or punished with imprisonment from three months to one year and disqualification from the practice of the profession for six months.

SECTION tenth offences against the rights of participation article 331-barriers to electoral process.-the person with violence or threat prevents or obstructs an election in any of its phases, shall be punished with imprisonment of three to five years. If the person responsible is an or a public servant shall be, in addition, disabled to exercise public office to double the time that lasts the custodial sentence. Article 332.-Theft of ballots-the person that you subtract or substitute fraudulently ballots to voters, it will be punished with a custodial penalty freedom from six months to two years. Article 333.-False vote-the person to be present to vote an assumed name or that vote in two or more vote reception boards, shall be punished with imprisonment of one to three years. Article 334-Electoral fraud.-the person who alters the results of an election or impede their scrutiny, shall be punished with imprisonment from five to seven years. If the person responsible is an or a public servant shall be, in addition, disabled to exercise public office by twice the time of the conviction. Article 335.-.-in all crimes of this section, shall be imposed in addition, the penalty of loss of the rights of participation for six months.

52 supplement - official record No. 180 - Monday, February 10, 2014 Chapter Sixth crimes against the structure of the constitutional State section only


Offences against public security article 336-rebellion-the person who is raised or perform violent actions that relate to the lack of knowledge of the Constitution of the Republic or the overthrow of the Government regularly constituted, without affecting the legitimate right to resistance, shall be punished with imprisonment from five to seven years. The person who carries out one or more of the following acts shall be sentenced to imprisonment of seven years. 1 lift arms, to overthrow the Government or hinder the exercise of their powers. 2. prevent the meeting of the Assembly national or it dissolve. 3 prevent election due. 4 promote, assist or hold any armed movement for disturbing the peace of the State. Article 337-Destruction or disablement of property- the military or police server that destroy, abandon or disable unjustified way goods intended for public safety or national defense, putting at risk the security of the State, shall be punished with imprisonment of one to three years. Article 338-Usurpation and illegal retention of command-the person who take political, military or police command without being authorized to do so or retain it as exceeding the powers which enjoys, shall be punished with imprisonment of from five to seven years and disqualification for the exercise of public office for six months. Article 339-Hostile acts against the State.-the person who participates in acts of hostility or conflicts against the State shall be punished with imprisonment from ten to thirteen years in any of the following cases: 1. supply information that facilitates the aggression by another State. 2. take arms against the Ecuadorian State. 3. allow that are set bases or installations military foreign or cedan bases national or forces military to others States with purposes military.

Article 340.-Breach of truce or Armistice-the person may cause the breach of truce or Armistice provided for in an international instrument between the Ecuadorian State and another State or between belligerent forces or parties to an armed conflict, shall be punished with imprisonment of three to five years. Article 341-Assassination attempt against the President of the Republic-the attempt of assassination against the President or the person who is exercising that function, shall be punished with imprisonment from ten to thirteen years. The same penalty is apply to the person that follow you against the life of an or a head of State or of Government. Article 342-Sedition- or military or police servers using weapons, in order to temporarily prevent the free functioning of the constitutional or legal regime, will be punished with a penalty of imprisonment of one to three years, when performing any of the following acts: 1. within a military or police operation to disobey legitimate orders received. 2 seeking to prevent the possession of a superior position or removing him from his function. The military or police server that incite members of the armed forces or national police to commit acts of sedition, shall be punished with imprisonment of one to three years. The military or police server making apology of this crime or those who commit it, shall be punished with imprisonment from six months to a year. The server police or military that does not take the necessary steps or do not use rational means at its disposal to prevent sedition in the units or services under his command or that, having knowledge in question from committing this crime, not denounce it to their superiors, shall be punished with imprisonment from six months to a year. If events take place in a situation of danger to the security of the unit or service against the or the rioters, he shall be punished with imprisonment from five to seven years. If the events take place, in a situation of armed conflict, State of emergency, threatening the safety of the unit, shall be punished with imprisonment from five to seven years. Article 343-Insubordination- or the military or police server that perform one or more of the following acts, shall be punished with imprisonment of one to three years when: 1. reject, prevents, or violently resists the fulfillment of legitimate order of service. 2 threaten, offend, or a superior contempt. 3 hurt or injury to a superior, in acts of service.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 53 4. Order the mobilization of troop armed unit, distribution or installation, without legitimate top order.

If the crime is committed with the use of weapons, will be sanctioned with penalty sentence of freedom of three to five years. Article 344-Abstention from the execution of operations in shock internal-o server police or military that in time of internal upheaval and without that the situation justifies it, undertake or accomplish a mission to stop, to refrain from executing an operation, when you should do it, or do not use all media that requires compliance with the precepts of the law and lawful orders received in the course of operations It will be punished with imprisonment of one to three years. Article 345-Sabotage-person to in order to disrupt public order or the economic environment of the country, destroy industrial or manufacturing facilities, shopping centres, ports, channels, dams, mines, magazines, vehicles or any other means of transport, essential goods for the provision of services public or private deposits of lubricants, fuels and raw materials intended for production or consumption goods, explosives , roads or works intended for the communication or interrupt or obstruct the work of emergency teams, it will be punished with imprisonment from five to seven years. The penalty shall be sentence of seven to ten years if it is destroys infrastructure of strategic sectors. Article 346.-Suspension of a public service-the person that prevents, hinders or paralyze the normal provision of a public service or violently resists the restoration thereof; or, take by force a building or public facility, shall be punished with imprisonment of one to three years. Article 347-Destruction of records-the person who destroy original instruments of public authority or judicial proceedings, or in any way authentic records shall be punished with imprisonment from seven to ten years. Article 348-Incitement to discord among citizens-who promote discord among citizens, arming or inciting to arm themselves against each other, shall be punished with imprisonment of one to three years. Article 349.-Groups subversives.-the person who promotes, direct or participate in armed organizations, commands, battle groups, groups or terrorist cells, intended to subvert public order, replace the armed forces and national police, attacking them or interfere with their normal performance, shall be punished with imprisonment from five to seven years. Article 350-Illegal military training-the person who provided or received military training without permission from the competent authority, shall be punished with imprisonment from six months to two years.

Article 351-Infiltration in areas of security.-the person who unjustifiably enter areas of security, whose public access has been banned, shall be punished with imprisonment from six months to two years. Article 352-Concealment of objects for the relief-the person who removes, hinders, hide or disable on the occasion of a fire, flood, shipwreck or other calamity, any material object or otherwise earmarked for relief, rescue or to combat the danger, shall be punished with imprisonment of three to five years. Article 353-Treason to the fatherland.-shall be punished with deprivation of liberty for seven to ten years, in time of peace, and deprivation of liberty from ten to thirteen years, in armed conflict, the person to perform any of the following acts, even against Allied forces: 1. defecting to the enemy forces. 2. to facilitate entry to the national territory or ships or Ecuadorian or Allied aircraft the enemy forces.

3. perform actions hostile against a country overseas with the intention of cause to the Ecuador a conflict armed international.

4. maintain negotiations with others States, aimed to submit in any way to the territory Ecuadorian. 5. rebel is, while the State Ecuadorian faces conflict armed international. 6. deliver to the enemy territory, square, since, position, construction, building, establishment, installation, ship, aircraft, weaponry, troops or force to their orders or materials of the defense or induce u obligate to another to do it.

7. not inform of the approach of the enemy or of circumstances that impact directly in the conflict or in the population civil.

8. prevent that the ships, aircraft or troops national or allied receive the aid and news that is les enviaren, with intention of favor to the enemy.

9. removal, send to removal or force to lower the flag national, without order of the command in a conflict armed. 10. failure to comply a legitimate order or alter it arbitrarily with the purpose of damaging the armed forces of Ecuador or benefit to the enemy.


11 report news with the intention of instilling panic, discouragement or disorder in troops or execute any act that can produce the same consequences.

12. keep with the enemy relations or correspondence on them operations of the conflict armed international or of them forces armed of the Ecuador or 54-supplement-registration official No. 180-Monday 10 of February of 2014 their allied or without the due authorization, between in understanding with the enemy to procure it peace or the suspension of them operations.

13 release prisoners of war in order to return to the armed forces of the enemy or return military equipment to the enemy.

14 run or order, within or outside the national territory, recruitment of troops to join them in the ranks of the enemy or seduce Ecuadorian troops for the same purpose or cause the defection of these.

15 run sabotage for the purpose of national military operations hinder or facilitate the enemy's.

Article 354-espionage- the server of the military, police or intelligence services that do one of these actions in peacetime, shall be punished by imprisonment from seven to ten years, when: 1. obtain, spread, distort or disable information classified legally and that your use or occupation by foreign country violates the security and sovereignty of the State.

2 intercepts, subtract, copy information, files, photographs, films, recordings, or other about troops, equipment, operations, or military or police character missions.

3. submit documents, reports, graphics, or objects that endanger the security or sovereignty of the State, without being obliged to do so or having been forced not immediately report the fact to the competent authorities.

4. hide information relevant to those controls military or police national. 5 alter, delete, destroy, swerve, even temporarily, information or objects of military nature relevant to security, sovereignty or territorial integrity.

If the public server performs one or more of these acts in time of armed conflict, will be punished with imprisonment from ten to thirteen years. Article 355-omission in the supply-it or the server military that, being forced to do it by its function, is refrain of supply to them troops for the compliance of actions military, putting in risk the security of the State, will be sanctioned with penalty custodial of freedom of three to five years. Article 356-Attack against the security of military or police operations- the military or police server that violates the security of military or police operations, shall be punished with imprisonment of three to five years when: 1. provide information related to military or police operations.

2 unjustifiably abandoned a military or police operation.

3 give up or flee in the development of a military or police operation without having exhausted means of Defense and security that require the orders received.

The and the reservist that, in the event of armed conflict, to be called and unjustifiably not go within five days to perform the military functions, shall be punished with imprisonment of one to three years. If such acts are committed in conflict armed international, will be sanctioned with the maximum of penalty privative of freedom planned in this article. Article 357-Defection-shall be punished with imprisonment of three months to a year, the military server, which in time of armed conflict is absent for more than eight days, in the following cases: 1. Miss the cast or military unit, Institute or other place in which it is intended or being on active duty and without having obtained their low to separate from it.

2. at the time of departure or March of their unit, force, troop, ship or other vehicle not incorporated into them.

To the o the deserter you shall be the maximum of the custodial sentence when desertion is committed by plot or in enemy territory. Article 358-Omission of notice of defection: the or the top direct or the head of unit or deal that does not give part of the defection of his subordinates, shall be punished with imprisonment of three months to one year. The maximum of the custodial sentence will be imposed if the omission of notice of desertion is committed by plot or in enemy territory. Article 359.-Abuse of gun fire.-the person who shot gun fire against each other, without hurting it, provided that the Act does not constitute attempt, it shall be punished with imprisonment of three to five years. Article 360.-tenure and porte of weapons.-it holding consists in the right to the property legal of a weapon that can be in certain place, address particular, home or place of work, for which is requires authorization of the authority competent of the State. The person who has firearms without authorization, shall be punished with imprisonment from six months to a year. The port consists of carry with them or reach a weapon permanently within a defined jurisdiction, which requires authorization from the competent authority of the State. The person carrying firearms without permission, shall be punished with imprisonment of three to five years.

Supplement - Registration officer Nº 180 - Monday 10 February 2014 - 55 article 361-weapons, ammunition, and explosives unauthorized-the person build, supply, purchase, marketing or transport, without proper authorization, firearms, their parts or parts, ammunition, explosives, accessories or materials intended for their manufacture, shall be punished with imprisonment of three to five years. Article 362-Illicit trafficking of firearms, weapons chemical, nuclear or biological-the person who, within the Ecuadorian territory, develop, produce, manufacture, use, purchase, possess, distribute, store, save, transport, transit, import, export, re-exported, marketed firearms, their parts and components, ammunition and explosives, without authorisation of the competent authority, shall be punished with imprisonment from five to seven years. The person or criminal organisation that sponsor, finance, manage, organize or direct activities for the production or illegal distribution of weapons, ammunition or explosives, shall be punished with imprisonment from seven to ten years. In the case these are chemical, biological, toxin, nuclear or pollutants to the life, health or the environment, penalty sentence of freedom, will be ten to thirteen-year-old. If the activities described are intended for or used in armed conflict, he shall be punished with imprisonment from ten to thirteen years. Article 363-Incitement-the person that you publicly incites to commit a crime against a person or institution and not to be considered legally as partner, shall be punished with imprisonment from six months to two years. Article 364.-Fire-the person who fire the goods or sites listed in this article, shall be punished with imprisonment from ten to thirteen years: 1. boats, aircraft, ground transportation, warehouses, shipyards, buildings or anywhere else that serve as room and hold inside one or more persons at the time of the fire.

2. in every place, even uninhabited, containing deposits of gunpowder or other explosive substances.

PARAGRAPH only contravention against the public safety article 365-apology-the person making apology of a criminal offence or a person sentenced for a crime by any means, shall be punished with imprisonment from fifteen to thirty days.

SEVENTH chapter terrorism and its funding Article 366-terrorism-the person who individually or forming armed associations, raise or keep in a State of terror in the population or a sector thereof, by acts which endanger life, physical integrity or liberty of persons or endanger the buildings, means of communication, transport, using the means capable of causing havoc , shall be punished with imprisonment from ten to thirteen years, especially if: 1. the person who, with regard to road transport, a ship or aircraft, fixed offshore platforms, from seizing it, exert control over it by media technology, violence, threat or intimidation; demolish, destroy, damage, place or make placing a device or substance capable of destroying it or cause damage that renders him for transportation.

2. the person who destroyed by any means, public or private building, marine fixed platform, facilities of strategic areas, essential basic services, as well as facilities or transportation services, air or sea navigation if such acts, by their nature, constitute a danger to the security of the transportation, aircraft or ships, as security platforms and other buildings.

3. the person who carries out acts of violence which, by their nature, cause or may cause injury or endanger their safety or their occupants, a ground transportation on Board of an aircraft, ship, on a fixed platform marina, ports, airports, facilities of strategic areas, essential basic services or environment.

4. the person who communicate, disseminate or transmit false reports endangering thereby the safety of a road transport, a ship or aircraft.


5. the person who breaks the official premises, the private residence or transport of internationally protected persons.

6. the person that perform by itself in or by means of third, operations and transactions financial economic, to give appearance of legality to develop activities terrorist alamani in this code.

7. the person that steal, Rob, malverse, get through fraud or remove by threats, use of the violence or intimidation materials nuclear.

8. the person who receive, possess, use, transfer, alter, evacuate or disperses nuclear material without legal authorization, if such an act causes serious injury to a person or group of persons or substantial property damage.

9. the person who give, place, throw or detonate a device or explosive substance or other lethal device in or against a place of public use, a public facility or Government, a public transportation system or an infrastructure facility, with the purpose of causing death or serious bodily injury to persons or for the purpose of causing a significant material destruction.

56 supplement - official record No. 180 - 10 February 2014 10 Monday. When these acts there is the death of one or more persons, shall be punished with imprisonment from twenty-two to twenty-six years.

Article 367.-Financing of terrorism-the person that shaped individually or collectively, directly or indirectly, provide, offer, arrange or collect funds or assets, of origin licit or illicit, with the intention to be used or knowing that they will be used to fund in whole or in part, the Commission of the crimes of terrorism; or any other act intended to cause death or bodily injury serious to a civilian or to anyone else who do not participate directly in the hostilities in a situation of armed conflict, when the purpose of such Act, by its nature or context, is to intimidate a population or compel a Government or an international organization to perform an act or abste-LY do it; or, the existence of individual terrorists - les, group or terrorist organization, shall be punished with imprisonment from seven to ten years. It shall be repressed with this same punishment: 1. the person who provide, provide, organize, collect, or put the resources, funds or assets, movable or immovable assets available to terrorist individual or organization or terrorist association, regardless of that to be used in the effective Commission of an offence referred to in the previous article the same.

2. the person having the legal obligation to avoid them, consent to the Commission of these crimes or the person who knowingly provide or provide the means to do so.

The offences set forth in this article shall be also liable to fine equivalent to the double of the amount of funds and assets supplied, offered or collected to finance acts of terrorism, individual terrorist or terrorist organizations, with the penalty of criminal confiscation in accordance with the provisions of this code and the extinction of the legal entity created or used for the purpose. When it condemns is dictated against an or an official or an or a server public, is sanctioned with the disqualification for the performance of all employment or cargo public by a time equal to the double of it condemns. When the sentence is handed down against one or a civil servant of the banking or insurance, it is punishable by disqualification for the performance of functions of management in the banking and insurance entities for a time equal to the sentence twice. The offences set forth in this article shall be investigated, prosecuted, failed, or sentenced, as autonomous offences from other offences established in this code, committed inside or outside the country. Article 368.-false incrimination.-it person that perform actions aimed to incriminate falsely to an or more people in the Commission of them crimes of terrorism and its funding, will be sanctioned with the penalty custodial of freedom of one to three years. Maximum penalty shall apply if the acts mentioned in the preceding paragraph are committed by one or a public servant. Article 369-Organized crime-the person to form a structured group of two or more people who permanently or repeatedly, funded in any way, exercising control or direction or plan the activities of a criminal organisation, with the aim of committing one or more offences punished with a custodial sentence of more than five years by agreement or concertation having as ultimate goal obtaining economic benefits or other material order, shall be punished with imprisonment from seven to ten years. The other collaborators will be punished with imprisonment from five to seven years. Article 370.-Association illicit.-when two or more people is associated to commit crimes, sanctioned with penalty custodial of freedom of less than five years, each an of them will be sanctioned, by the only made of the Association, with penalty sentence of freedom of three to five years.

Chapter eight offences of transit section first rules general article 371-traffic violations-are traffic violations, actions or negligent omissions produced in the field of transport and road safety. Article 372-Worth natural.-in the case of natural penalty proved, in the traffic violations and when the victims are relatives of the alleged offender up to the fourth degree of consanguinity or second of affinity, the judge may allow a penalty imposed or impose non-custodial sentences only. Article 373.-Responsibility of the or the pedestrians, passengers or drivers.-when the person responsible for the accident is not the driver of a vehicle but the pedestrian, passenger, driver or other person, shall be punished with penalties provided for in the corresponding articles, depending on the circumstances of the offence, with the exception of the loss of points which applies exclusively to the or the offending drivers. Article 374-Aggravating factors in traffic violations-the imposition of the penalty, in the traffic violations, will be given the following circumstances: 1. the person who drive a vehicle at motor with license expired, suspended temporarily or permanently and cause a traffic violation, it will be punished with the maximum of the punishment to the offence committed.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 57 2. Without being legally authorized to the person driving engine or making use of a license category and type less than necessary, according to the characteristics of the vehicle, commits a traffic violation, it will be punished with the maximum of the punishment to the offence committed.

3. the person who causes a traffic accident and flee from the scene, shall be punished with the maximum of the punishment to the offence committed.

4. the person causing a car accident with a stolen vehicle, shall be punished with the maximum provided for penalties for the offence committed, increased by half, without prejudice to the criminal action that has been place by the subtraction of the automotive.

Article 375.-Use of vehicle for the Commission of crimes-the person who used it as a means for the Commission of an offence, in addition to his responsibility as author or accomplice of the fact, when driving a motor vehicle will be sanctioned with the suspension of the license to drive by the time that last sentence. The sanction must be notified to the competent authorities of transit.

SECTION two offences by negligence of transit article 376.-death caused by driver intoxicated or under the influence of narcotic substances, psychotropic or preparations containing them-the person who drive a vehicle at motor while intoxicated or under the influence of narcotic substances, psychotropic or preparations containing them and it causes a traffic accident from which one or more persons are dead It shall be punished with imprisonment of ten to twelve years, definitive revocation of the license to drive a car. In the case of public transport, besides the sanction provided for in the preceding paragraph, the owner of the vehicle and the transport operator they shall be jointly and severally liable for civil damages, without prejudice to the administrative actions that are executed by the competent transport on the operator body. Article 377-Wrongful death-the person causing a traffic accident from which result the death of one or more persons for violating an objective duty of care, it shall be punished with imprisonment of one to three years, suspension of license for six months accomplished once penalty sentence of freedom. They will be punished in three to five years, when the harmful result is product of unnecessary, dangerous and illegal actions, such as: 1. speeding. 2. knowledge of the poor mechanical condition of the vehicle.

3. smooth and worn tires. 4 have driven the vehicle beyond the hours allowed by the law or poor physical condition of the driver.

5 failure to comply with laws, regulations, technical regulations or lawful orders of the authorities or forwarding agents.


Where the vehicle with which it caused the accident provided a public transport service, will be jointly and severally liable for civil damages the transport operator and the owner of the vehicle, without prejudice to the administrative actions that are executed by the competent transport, with respect to the operator body. The same fine will be imposed to the or to public or private employer who is required or permitted to or the driver working in such conditions. Article 378.-The death caused by the negligence of contractor or executor of work-person executor of a work that may cause a traffic accident which are killed one or more persons, shall be punished with imprisonment of three to five years for violating a duty to target care in the execution of public works or construction, or contractor. The person contractor or executing of the work and the entity that hired the realization of the work, will be jointly and severally responsible by them damage civil caused. If the works are executed through direct administration by a public institution, the sanction in civil matters shall apply directly to the institution and in terms of criminal responsibility shall apply the penalties referred to in the foregoing or paragraph to the direct responsible employee of the work. Verify transit authorities that there is a lack of foresight of the danger or risk during the execution of works in public, said work will be suspended up to address the lack of above forecast, punish the natural person or legal person in charge with the applicable fine for this violation. Article 379-Injury caused by traffic accident-traffic offences which have as a result injury to persons, apply the penalties provided for in article 152 reduced in a quarter of the minimum penalty provided for in each case. In addition they will be penalized with ten points on your license. The crimes of traffic that have resulted in injury, if the person driving the vehicle while intoxicated or under the influence of narcotic-cient substances, psychotropic or preparations containing them, apply the maximum penalties provided for in article 152, increased in a third and the suspension of driving license for a time equal to half of the deprivation of liberty provided for in each case.

58 - Supplement - official record No. 180 - Monday, February 10, 2014 the vehicle owner will be responsible for solidarity for civil damages. Article 380-Damage-the person who as a result of a traffic accident causing material damage whose cost of repair is more than twice the wage and does not exceed six unified basic worker wages in general, shall be punished with a fine of two basic unified worker wages in general and six points on his license for driving , without prejudice of the responsibility civil for with third that is subject by cause of the violation. In the case of the preceding paragraph, the person who drive a vehicle in the period in which the drivers license is suspended temporarily or permanently, it will be punished with a fine of five basic unified worker wages in general. The person who as consequence of the traffic accident caused only material damage whose cost of repair exceeds the six unified basic worker wages in general, will be punished by a fine of four unified basic worker wages in general and nine points on their driver's license. In the case of the preceding paragraph, the person who drive a vehicle in the period in which the drivers license is suspended temporarily or permanently, it will be punished by a fine of seven consolidated basic worker wages in general. In any case, the vehicle owner will be jointly and severally liable for civil damages. Article 381.-Excess of passengers in public transport-the person to lead a public, international, intraregional, interprovincial, intraprovincial transport with excess of passenger vehicle, it shall be punished with imprisonment from six months to a year, suspension of license for the same term. Article 382-Predictable mechanical damage in transport public-the person to drive a vehicle of public transport with predictable mechanical damage, and as a result endanger the safety of passengers, will be punished with a custodial sentence of thirty to one hundred and eighty days, suspension of license for the same time. Shall be liable jointly and severally the or the owner of the vehicle.

SECTION third contraventions of transit article 383.-driving of vehicle with rims in bad state.-it person that drive a vehicle whose rims is are smooth or in bad state, will be sanctioned with penalty custodial of freedom of five to fifteen days and decrease of five points in the license of driving. In case of transport public, the penalty will be the double of it planned in the subsection above.

It will also retain the vehicle to exceed the cause of the breach. Article 384-Driving vehicle under the effect of narcotics, psychotropic or preparations containing them-the person who is operating a vehicle under the influence of narcotic substances, psychotropic or preparations containing them, will be punished with a reduction of 15 points of your driver's license and thirty days of deprivation of liberty; also as a preventive measure is draw the vehicle for twenty-four hours. Article 385.-driving of vehicle in State of drunkenness-it person that drive a vehicle in State of drunkenness, will be sanctioned in accordance with the following scale: 1. If the level of alcohol by liter of blood is of 0.3 to 0.8 grams, is apply fine of a wage basic unified of the worker in general, loss of five points in its license of lead and five days of deprivation of freedom.

2. If the level of alcohol per litre of blood is greater than 0.8 to 1.2 grams, applies fine of two basic unified worker wages in general, loss of ten points on your driver's license and fifteen days of deprivation of liberty.

3. If the level of alcohol per litre of blood exceeds 1.2 grams, applies fine of three unified basic worker wages in general, the suspension of the license for 60 days and 30 days of deprivation of liberty.

For the or the drivers of public transport, light or heavy, commercial or load, tolerance for the consumption of any narcotic substance, psychotropic or prepared containing them is zero, and a maximum alcohol level of 0.1 grams per liter of blood. In case of exceed said limit, the sanction for the responsible will be, loss of thirty points in his license of driving and penalty privative of freedom of ninety days. Furthermore, in all these cases, as a preventive measure is draw the vehicle for twenty-four hours. Article 386-Contraventions of first-class transit-will be punished with imprisonment of three days, fine of a unified basic salary of the worker in ten points on your license and general driving: 1. the person who drive without license. 2. the conductor to miss work the authority or traffic officer. 3 or the driver exceeding the speed limits with a motor vehicle, out of the moderate range, set out in the corresponding regulations.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 59 in the case of the number 1, shall not apply the reduction of points. Vehicle alone will be returned when the value of the corresponding fine is cancelled and the vehicle owner person will be jointly and severally responsible for the payment of this fine. Will be punished with two basic unified worker wages in general, reduction of ten points on your driver's license and retention of the vehicle for a minimum period of seven days: 1. the driver to transport passengers or goods, without the corresponding enabling title, frequency authorization or to make a different service for which it was authorized. If in addition the vehicle has been illegally painted with the same color and characteristics of vehicles permitted, the judge will have that vehicle is painted with a different color to the public or commercial transportation drives and banned its circulation, until it complies with this commandment. The fulfillment of this single order will be tested with the certification that extend responsible for vehicle holding site to which the unauthorized vehicle will be transferred to the effect. The cost of the change of painting of the vehicle will be to cargo of the person contraventora.

2. the person who drive a vehicle with a licence of category different from the required for the type of vehicle driving.

3 persons involved with motor vehicles in competitions on public roads. Article 387-Contraventions of second-class transit-shall be punished by fine of fifty percent of a unified basic salary of the worker in general and nine points on your license registration license: 1. the driver who causes a traffic accident which result only material damage, whose costs are less than two unified basic worker wages in general.

2. the person who drive with expired license,


cancelled, revoked or suspended, the same that must be removed immediately by the agent of transit.

3. the person teen, greater to sixteen years, that possess a permit of driving that requires company of an adult that possess license and not comply with it regulated.

4. the foreign driver having legally entered the country is offering service of commercial transport within the border zones.

5. the driver of transportation by own or commercial account exceed the number of passengers or cargo capacity of the automotive volume.

The or the cyclists and pedestrians, in cases where appropriate, punishable them only by fine.

Article 388.-contraventions of transit of third class-will be sanctioned with fine equivalent to the forty percent of a salary basic unified of the worker general and reduction of seven point five points in his license of driving: 1. it or the driver that stop or park vehicles in sites or areas that involve danger, such as: areas of security, curves bridges, income and the same outputs, tunnels, as well as the entrance and exit of these, narrow, low visibility areas, crossroads, changes in ground level, pending, or steps to drop, regardless of the security measures laid down in the regulations.

2. the driver than with a motor vehicle or goods transports, causes damage or deterioration to the surface of the road.

3. the driver who spill onto the public via substances or materials sliding, flammable, or contaminants, unless unforeseen circumstances or force majeure duly proven.

4. the driver transporting flammable, explosive or dangerous materials in vehicles not equipped for this purpose or without the permission of the competent authority and the or the non-professional drivers who made this activity with a vehicle qualified for the effect.

5. the person who build or send to build speed reducers on the roadway of the tract, without prior authorization or inobservando the provisions of the respective regulations.

6 people who plough or damage without the respective authorization vehicular traffic routes, stop debris or not withdraw public rubbish then of finished works.

7. it or the driver of a vehicle automotive that circulate with people in them Stirrups or lean, buckets of vans, bumper or hanging of them bodywork of the vehicles.

8. the driver of public, commercial or independent transport that passenger service and freight whose vehicle does not carry strips retroreflectivas under transit regulations.

9. the driver of public or commercial transportation who refuses to provide the service. To them or them cyclists and pedestrians, in those cases that corresponds, is them punishable only with it fine. Article 389.-Contraventions of transit of fourth class-shall be punished by fine of up to thirty per cent of a unified basic salary of the worker in general and a reduction of six points on their license driving: 60 - supplement - official record No. 180 - Monday 10 February 2014 1. The driver who disobeys the orders of transit agents, or who do not respect hand signals of such agents, in general all signage on public roads, such as: traffic lights, pare, ceda step, crossing or preference of pathways.

2. the person who later to another vehicle moving in areas or dangerous sites, such as: curves, bridges, tunnels, to Crown a slope or contravention of express rules regulations or signaling.

3. the driver who alter circulation and security of traffic, by placing obstacles in public without the respective authorization or without setting the corresponding warnings.

4. them or them drivers of vehicles of transport school that not porten elements distinctive and lights special of parking, that regulations should be used in the stops to embark or disembark students.

5. the driver that are missing from Word to the authority or traffic officer. 6. the driver having a motor vehicle exceeding the allowed speed limits, in accordance with the corresponding transit regulations within a moderate range.

Technical as adequate mechanical set 7 or the driver who drive a vehicle engine that does not meet the rules and conditions transit regulations respective, and must also retain the vehicle until it exceeds the cause of violation.

8 or the professional driver serving without authorization, shopping, public transportation, or on their own outside of the geographical area of delivery authorized in the corresponding enabling title; except the driver chartered taxi or chartered joint transportation that exceptionally passenger transport outside the scope of operation, being forbidden to establish routes and frequencies.

9. the owner of an automotive public, commercial or private service which trust his driving to unauthorized persons.

10 or the driver carrying load without placing in the outstanding ends the same, red flags on the day or lights at night, in accordance with traffic regulations or without observing the requirements therein.

11. the driver and companions, if any, of motorcycles, scooters, mopeds, tricar and cuadrones that do not use proper safety helmet approved in accordance with the provisions of the traffic regulations, or that at night do not use garments visible retroreflectivas 12. The person who drive a motor vehicle without the corresponding identification plates or with altered or hidden plates and in accordance with the provisions of the traffic regulations.

If the motor is new the driver or owner you will have a maximum period of thirty days for the corresponding documentation.

The or the cyclists and pedestrians, in cases where appropriate, punishable them only by fine. Article 390-Contraventions of traffic of fifth class-shall be punished by a fine equivalent to fifteen percent of a unified basic salary of the worker in general and four point five points on your license for driving: 1. the driver who, when descending a slope, turn off your vehicle engine. 2. the driver who perform any illegal action to evade the payment of tolls in the legally established sites.

3. the driver who drive a vehicle in reverse to the normal means of circulation, provided that the respective signal is clear and visible.

4. the driver of a vehicle diesel whose exhaust pipe is not installed in accordance with traffic regulations.

5. the owner or driver of a motor vehicle which, in the event of emergency or public calamity, then be required, it refuses to provide the requested support.

6. the driver of motor vehicles that, faced with the signals of alarm or an emergency vehicle siren touch, do not leave the go-ahead.

7. the driver who stop or Park a motor vehicle in places not allowed to leave or pick up passengers or cargo, or for any other reason.

8. the driver who park a vehicle automotive in any way, without the regulations planned precautions to avoid a traffic accident or leave it abandoned on public roads.

9. the driver of a taxi, that do not use the meter clock, alter its operation or do not place it in a visible place the user.

10. the driver of a motor vehicle which, according to traffic regulations, be required to have seat belts and does not require the use of the same to its members or companions.

11. the driver who make sudden or improper lane change.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 61 12. The driver of a vehicle of public mass passenger transport to load fuel when they are paying shuttle service.

13. the driver who carry in their arms or in places not suitable to persons, animals or objects. 14. the driver who drive a vehicle without lights, in poor performance, do not change them in hours and circumstances that establish the transit regulations or do not use bright directional lights before a shift or parking.

15. the driver who later to a school transport vehicle while it is parked, in places authorised for this purpose, and their passengers are embarking or disembarking.

16. the driver of vehicles owned by the Ecuadorian public sector leading the official vehicle outside office hours, without carrying the respective pass.

17. the driver of vehicle of mass public transport that refuses to transport riders with their bicycles, provided that the vehicle has the facilities to transport them.

18. the driver who does not respect the preferential right of cyclists in offsets, avenues and roads, crossing of roads, not signalized intersections and bike paths.

19. the driver who invade with your vehicle, driving or parked, the routes assigned for the exclusive use of cyclists.


20. it or the driver of motorcycles, scooters, mopeds, tricar and cuadrones that transport a number of people superior to the capacity permitted, of conformity with it established in them regulations of transit.

21. the person who alters the circulation and pedestrian safety by placing obstacles in public without the respective authorization or without setting the corresponding notices.

22. the driver who let the vehicle inside girls or children alone, without supervision of an adult.

The or the cyclists and pedestrians, in cases where appropriate, punishable them only by fine. Article 391-Sixth class traffic contraventions.-shall be punished by fine equivalent to ten percent of a unified basic salary of the general worker and three points on their driver's license: 1. the driver of a motor vehicle which circulate in violation of the rules laid down in the regulations on transit and other applicable provisions, related to the emission of gases.

2. the person who do not drive your vehicle right in two-way roads.

3. the driver who invade with your vehicle exclusive routes assigned to the rapid transit buses.

4. the driver of a motor vehicle which does not carry the same, an equipped first aid kit and a charged fire extinguisher and operating, in accordance with the provisions of the traffic regulations.

5. the driver who park a vehicle in the sites prohibited by the law or regulations of transit; or that, without right, Park your vehicle in the spaces destined to a use exclusive of people with disabilities or women pregnant; or Park the car obstructing access ramps for disabled, garage doors or areas of pedestrian circulation. In the event that the driver is not in the vehicle this will be transferred to one of the sites of retention vehicle 6. The person who obstructs vehicular traffic to run out of fuel. 7. it or the driver of a vehicle automotive particular that transport to children without the corresponding securities, of conformity with it established in the regulations of transit.

8. the driver who does not stop your vehicle, before crossing a railway line, bus rapid transit developing exclusive or similar.

9. the person who drive or install, without the authorization of the competent body, in public or private vehicles, sirens, or marks of any kind, in which case in addition to the penalty provided for in this article, will be the beacons, or vehicle sirens.

10. the driver that, in case of mechanical malfunctions, do not use or do not adequately place safety triangles, according to provisions of the traffic regulations.

11. the person who drive a vehicle with tinted windows with dark SunBreaks films or any type of adhesive that prevent the visibility of the driver, except as permitted in the corresponding regulation or which are polarized source factory.

12. the driver who use a cell phone while driving and does not make use of the approved Handsfree device.

13. the driver of public transport of massive service that fails to comply with the preferential rates laid down by the law for the benefit of children, students, adults over the age of sixty-five years of age and people with special abilities.

62-supplement-registration official No. 180-Monday 10 of February of 2014 14. The driver who do not switch on the lights of the vehicle in the evening or drive in dark places such as tunnels, with the lights out.

15. the driver, driver or Assistant of public or commercial transportation which abuse works or Word users.

16. the people that, without permission of the authority of transit competent, perform activities or skills sports in the way public, with vehicles of traction human or animal.

17 or the owner of mechanical, stations service, workshops of bicycles, motorcycles and local repair or adaptation of vehicles in general, which provides its services in public.

18. the owner of public, commercial or private vehicles that install in their vehicles equipment of video or television at sites that may cause of driver distraction.

19. the driver of a vehicle that provides service of urban transport that circulate with the doors open. 20. it or the driver of vehicles heavy that circulate by areas restricted without prejudice of that is complies with it stipulated in the Ordinances municipal.

21. the person who drive a motor vehicle without wearing his driver's license. The cyclists and pedestrians, in cases where appropriate, punishable them only by fine. Article 392-Seventh class traffic contraventions.-shall be punished by fine equivalent to five per cent of a unified basic salary of the general worker and reduction of one point five points on your driver's license: 1. the driver using inadequate and repeatedly the speaker or other sound devices in violation of the rules laid down in regulations of traffic and other rules applicable relating to noise emission.

2 or the driver of public transport of mass of people and commercial service whose vehicle to circulate without regulatory, on the type of service provided by the unit that leads the badges and identification.

3. the person with disabilities who drive a vehicle adapted to their disability without identification or corresponding distinctive.

4. the driver of a vehicle of public service which not present the list of passengers, in the case of interprovincial or international transportation.

5. the driver who do not maintain the safe distance of tracking, in accordance with traffic regulations.

6. the driver who do not use the seat belt.

7. the driver of a vehicle of public or commercial transportation that does not put at the disposal of the passenger vessels or sleeves for collection of garbage or waste.

8. the pedestrian that do not pass by sidewalks or security sites for the effect on public roads.

9. the pedestrian that, faced with the signals of alarm or an emergency vehicle siren touch, do not leave the go-ahead.

10. the person resulting from the inside of a vehicle to the public via wastes that pollute the environment. 11. the person who performs activity commercial or service on the areas of pedestrian safety or roads.

12. the cyclist or motorcyclist circulates in places where not permitted him. 13. the purchaser of a motor vehicle that do not register in the organism of the corresponding transit, transfer of domain of the good, within the period of thirty days, counted from the date of the respective contract.

14. the cyclist and driver of vehicles drawn by animals that do not respect the respective regulatory signage.

15. the owner of a vehicle that you install, lights, headlights, or neblineros on banned sites of the automotive, without the respective authorization.

The cyclists and pedestrians, in cases where appropriate, punishable them only by fine.

Chapter ninth contraventions article 393-contraventions of first class-shall be punishable by community work of up to fifty hours or imprisonment of one to five days: 1. the or the for hire that overload the boats, for the capacity authorized. 2. the person who destroy, disable or impair signage or traffic control devices, or damage the adornment of the city or the private property of citizens with paintings, graphics, phrases or any other manifestation, in unauthorized places. In the cases determined in this article, the contraventora person will be obliged to repair the damage caused by.

3. the person having wells without due assurances.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 63 4. The person performing public scandal without weapons, except in the case of just self defense or a third party. 5. the master of the vessel navigating with two more patents navigation from different Nations or patent-free; which browse without registration or well another document proving their nationality and the legitimacy of their journey.

Article 394-Contraventions of second class-shall be punished with imprisonment of five to ten days: 1. the person who infringes the regulations and provisions of the authority over the custody of flammable, corrosive materials or chemicals that can wreak havoc.

2. the person that physically, insult or agreda of work to them agents responsible of ensuring the order public in the exercise of their functions.

Article 395.-contraventions of third class-will be sanctioned with penalty custodial of freedom of ten to fifteen days: 1. it or the owner or administrator of establishments in operation that not meet them measures force of security facing fire 2. The person that closing the doors of emergency of them establishments of concurrency mass, that prevent the evacuation of people.

Article 396-Contraventions of fourth class-shall be punished with imprisonment from fifteen to thirty days: 1. the person who, by any means, utters expressions to discredit or disgrace against another.


This infringement is not punishable if the expressions are reciprocal in the same Act.

2. the person who sells or gives alcoholic beverages, moderation or cigarettes to girls, children, or adolescents. 3. the person that inappropriately make use of the unique number of emergency care to give a false notice of emergency involving displacement, mobilization or unnecessary activation of institutions of emergency resources.

4. the person who voluntarily hurt or hit another causing injury or incapacity for work, not exceeding three days.

5. the person who without due authorization from the competent body BREW or sell Fireworks.

Article 397-Contraventions in sports arenas and massive concurrency-shall be punished with up to 100 hours of community work and prohibition of entry to all sporting stage with massive concurrency up to one year: 1. the person who invades violently and without permission the playing field or the stage during the development of a massive event.

2. the person that blunt objects onto the field, to the main stage to the grandstands, to the places of transit or access.

3. the person who surreptitiously enter sports arenas or massive concurrency bladed weapons, firecrackers, flares or pyrotechnic material prohibited.

The official sporting or leader of bars of the participating clubs in sporting events in which acts of violence occur and not denounce them to the competent authority.

SECOND book title I jurisdiction and procedure competition chapter first jurisdiction article 398.-jurisdiction-the jurisdiction consists in the power public judge and judged run. Only them and them judges, certain in the Constitution, the code organic of the function Judicial and in this code, exert jurisdiction in matter criminal for the judging of them violations criminal committed in the territory national and in territory foreign in them cases that established them instruments international signed and ratified by the State. Article 399.-Organs jurisdictional criminal.-the structure, functions and powers of the organs of criminal jurisdiction are certain in the organic code of the Judicial function. Article 400.-Scope of the jurisdictional power-are subject to the criminal jurisdiction of the Ecuador: 1. the Ecuadorians or the aliens who commit an offence in the national territory. 2. it or the Chief of State and them or them representatives diplomatic of the Ecuador, his family and the Entourage, that commit a violation in territory foreign and them or them consuls Ecuadorian that, in equal case, it make in the exercise of their functions consular.

3. the Ecuadorians or the or the aliens who commit an offence on Board of air or maritime Ecuadorian flag ships registered in Ecuador, either in the national airspace or Ecuadorian territorial sea or in airspace or territorial sea of another State.

64 supplement - official record No. 180 - Monday 10 February 2014 4. The Ecuadorians or the or the foreigners who commit offences against international law or rights under agreements or treaties in force, provided that they have not been tried in another State.

They excepted, in accordance with the conventions and international instruments ratified by the Republic of Ecuador, the or the heads of other States who are in the country, the diplomatic representatives accredited and resident in Ecuadorian territory and the or the diplomats from other States, passers-by representatives who occasionally pass through the territory. This exception is extends to it or to the spouse, daughters, children, employed or employees foreigners and others retinue of it or the Chief of State or of each representative diplomatic, whenever officially put in knowledge of the Ministry responsible of them relations foreign, the payroll of such procession or of the personal of the mission. Article 401-Universal jurisdiction.-crimes against humanity can be investigated and prosecuted in the Republic of the Ecuador, provided that they have not been tried in another State or by international criminal courts, in accordance with the provisions of this code and international treaties signed and ratified.

SECOND chapter competition article 402.-nature-the jurisdictional authority in criminal matters is divided in accordance with the rules of competition laid down in the organic code of the Judicial function. Article 403.-Improrrogabilidad.-competence in criminal matters is extended, except in the cases expressly mentioned in law. Article 404.-Rules of competition-to determine the competence of the judge, take note of the following rules: 1. There are competence of the judge when the infringement on the territorial district in which this exercise of their functions. If there are several judges, the competition is assigned in accordance with the procedure established by law.

2. when the infringement has prepared and initiated in a place and consummated in other, knowledge of the cause corresponds to the or to the judge of the latter.

3 when it is not possible to determine the place of Commission of the offence or has been committed in different or uncertain, territorial constituencies will be competent the judge: to) the place in which the person is apprehended or arrested. (b) of the place of the registered office of the person processed, although is find fugitive.

(c) of the capital of the Republic, if it is not possible to determine domicile.

4 if he is discovered subsequently, the place of the offence, the proceedings will be forwarded to or the judge of this last site continue the procedure or trial, without declaring null the process or void the proceedings. If the process is initiated in a territorial constituency and the processed person has been apprehended or detained in another constituency, the competition will lie in favour of the judge initiating the process.

5. when the offence is committed on the boundary of two constituencies will be competent the judge that prevents knowledge of the process, in accordance with the law.

6. when the offence is committed on foreign soil, the processed person will be judged by the judge of the territorial constituency which is apprehended or arrested or the judge of the capital of the Republic of Ecuador.

7. when several people processed an infringement there one or more who enjoy immunity of Provincial Court, this will judge all the persons prosecuted.

8. when several people processed an infringement there are some who enjoy immunity from national court of Justice, or any this will judge all the persons prosecuted.

9. If several people processed by a same violation there are one or more which enjoy jurisdiction of national court and Provincial Court, the national court of Justice shall be competent.

10. If the people processed are subject to different courts provincial, will be competent which prevented in the knowledge of the process.

11. in cases of violence against women or members of the family jurisdiction will not be recognized. Article 405-Court of competent jurisdiction.-in cases of offences in which there is universal jurisdiction, the Ecuadorian judge may determine the jurisdiction which guarantees better able to judge the criminal offences, the protection and reparation of the victim. Article 406-Relatedness.-when committed related offences of the same or different gravity, in the same place or in different places, there will be a single criminal proceedings before the courts where the most serious offense was consummated. There are relatedness when: 1. against a person the Commission of more than one punishable with one or more actions or omissions performed with time unit.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 65 2. Various acts punishable if they have committed in order to consummate or hide others attributed to a person.


Article 407.-acts procedural offshore.-it or the fiscal may practice within the territory national, honors, inspections u others proceedings of collection of evidence, in places where not exercise their functions, when it considers necessary within the research or when one of them subject procedural it has requested. As the recognition results, tracks, signals, weapons, objects and instruments or prevent people with information necessary to be absent from the scene, the Prosecutor may order the practice of such proceedings to the staff of the specialized system comprehensive research, legal medicine and forensic sciences or to the staff of the competent body on transit. In practice private criminal proceedings, the judge may order to the and the experts, proceedings laid down in this article. For the practice of any other judicial diligence you can deprecar to the or to the judge of the respective place. Article 408-validity of acts procedural offshore.-in case of displacement by reason of competition of a process criminal of a judge to another, all it acted by it or the judge not competent is added to the process of the competent. Procedural acts practiced by the first have full legal validity, unless they are grounds for annulment. The performances of the or the prosecutors will not be spoiled by having practiced outside of the territorial area in which exercise functions.

Title II action criminal chapter first exercise of the action criminal article 409-prosecution-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 action corresponds to the Prosecutor's Office, without the need for prior complaint. Exercise private prosecution applies solely to the victim, through complaint. Article 411-Ownership of public criminal action-the Prosecutor's Office, shall exercise the public criminal action when you have the sufficient conviction about the existence of the infringement and of the responsibility of the processed person. The Prosecutor may refrain from exercising penal action, when: 1. the principle of opportunity can be applied.

2. is this a causal of prejudice, procedure or matters previous.

Article 412.-principle of opportunity-it or the fiscal may abstain is of start it research criminal or desist of the already initiated, in them following cases: 1. When is try of an infringement sanctioned with penalty custodial of freedom of until five years, with exception of them violations that undertake seriously the interest public and not violate to them interests of the State.

2. in those negligent offences where the investigated or prosecuted suffers serious physical damage which hinders him to lead a normal life.

The Prosecutor may not refrain from start investí - delegation criminal in cases of crimes by 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, trafficking in persons, smuggling of migrants, crimes of hate, of substantive-listed companies subject to supervision, and offences against the constitutional rights and justice State structure. Article 413.-Processing of the application of the principle of opportunity-at the request of the Prosecutor, the judge will convene a hearing in which the parties must demonstrate that the case meets the legal requirements. The victim will be notified to attend to this audience. Their presence will not be mandatory. Where the judge does not agree with the appreciation of the public prosecutor or finds that not meets the requirements, be sent within three days or the Prosecutor of superior, ratify or revoke the decision within the period of ten days from the receipt of the record. If the decision is revoked, you may not request the application of the principle of opportunity again and the case will knowledge of another Prosecutor, so start the investigation or, where appropriate, continue with its processing. If ratified the decision, the proceedings shall be sent to the or the judge that declare the extinction of the exercise of criminal action. The extinction of the exercise of the criminal proceedings on the grounds provided in this article, does not harm, limits or excludes the right of the victim to pursue through civil recognition and reparation of the damage resulting from the Act. Article 414-Prejudice-in cases expressly designated by law, if the exercise of criminal action depends on rulings, whose decision is exclusively up to the civil jurisdiction, may not start is the criminal process until there is auto or ruling on the interlocutory matter. Article 415.-exercise private of the action criminal.-comes the exercise private of the action in them following crimes: 66-supplement-registration official No. 180-Monday 10 of February of 2014 1. 2 slander. Theft 3. Female 4. Injuries that generate disability or illness up to thirty days, with the exception of cases of violence against women or members of the immediate family.

SECOND chapter extinction and prescription of the exercise of the action criminal article 416.-termination of the exercise of criminal action-the exercise of criminal action shall terminate by: 1. amnesty. 2 remission or free and voluntary waiver of the victim, withdrawal or transaction, in crimes which proceeds the private action practice.

3. once full so it meets alternative mechanisms for resolving disputes to criminal proceedings.

4. the processed person's death. 5 prescription. Article 417.-Limitation of the exercise of the action-the prescription may be declared by the judge, ex officio or at the request of a party, in accordance with the following rules: 1. by the passage of time and under the conditions provided for in this code. 2 both exercise public or private action offenses stands if committed the crime, has begun or not the process.

3 for crimes where the criminal process has not started: to) the public exercise of the action prescribed in the same time of the maximum of the penalty of deprivation of liberty envisaged in the criminal type, counted since the crime is committed. In any case, the public exercise of the action is barred in less than five years.

(b) exercise private action, be barred within the period of six months, since the offence is committed.

(c) in the case of a continuing offence, the limitation period shall run from the date in which the conduct ceases.

(d) in cases of disappearance of person, the limitation periods will start counting from the day on which the person appears or count with the necessary elements to formulate an imputation for the corresponding offence.

4. of having started criminal proceedings, the public exercise of the action is barred in the same time of the maximum of the penalty of deprivation of freedom, provided for in the criminal type, counted from the date the respective statement. In any case, the public exercise of the action is barred in less than five years.

5. in private action exercise prescription occurs after two years from the date of the citation of the complaint.

6. in the case of contraventions, the exercise of the action is barred in three months, since the offence is committed. Of having started the process by a contravention, the prescription will operate in within a year, counted from the beginning of the procedure.

Article 418-Extinction of criminal proceedings for offences sanctioned with fine-the exercise of criminal proceedings for offences punished with a fine, shall terminate at any stage of the process for the voluntary payment of the maximum of the fine corresponding to the infringement. Article 419-Interruption of the prescription-action exercise prescription is interrupted when, before the expiration of the time limit, the person starts her criminal prosecution for other offences. In the case that the second infringement is obtained dismissal or enforceable judgment which ratifies the innocence, the period of the suspension will not be taken into account. Article 420.-Application separately from the prescription and its interruption-prescription and its interruption shall apply separately to each of the participants in the infringement.

Chapter third DENOUNCES article 421.-denounces.-it person that comes to know that is has committed a crime of exercise public of it action, may present his denounces before the Prosecutor, to the personal of the system specialized integral of research, medicine legal or sciences forensic or before the body competent in matter of transit. It denounces will be public, without prejudice of that them data of identification personal of the complainant, processing or of the victim, is saved in book for your protection. Article 422.-duty of denounce.-must denounce who are forced to do it by express mandate of the law, especially: 1. it or the server public that, in the exercise of their functions, know of the Commission of an alleged crime against the efficiency of the Administration public.

2. the or the health professionals in public or private establishments that are aware of the Commission of an alleged offence.

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3. the Director, teachers or other persons responsible for educational institutions, for alleged crimes committed in these centres.

Article 423-Complaint with the staff of the comprehensive system of research-when the complaint is presented to the national police, personnel of specialized integrated system of research, legal medicine and forensic sciences or to the competent on transit authority, shall be sent within a maximum of twenty-four hours or the Prosecutor. Article 424.-exemption of the duty of denounce.-nobody may be obliged to denounce to your spouse, couple in union stable or relatives to the fourth grade of consanguinity or second of affinity. Nor will exist this obligation when the knowledge of the facts covered by the obligation of professional secrecy. Article 425-Recognition without oath.- the tax before whom the complaint arises will be that the complainant recognizes it without oath, notwithstanding that the Prosecutor carry out corresponding investigations. In addition you will notice on them responsibilities originated in the presentation of complaints reckless or malicious. Article 426-Act-the recognition of the complaint shall be recorded in minutes signed by the Prosecutor and the complainant. If the latter does not know or can not sign, you must stamp your fingerprint and an or a witness signed by her or him. Article 427.-Forms of complaints-the complaint may make verbally or in writing. The anonymous writings which does not provide evidence or facts that guide research will be archived by the tax. Article 428-denounces written-it denounces written will be signed by her or the complainant. If the latter does not know or can not sign, you must stamp your fingerprint and an or a witness signed by her or him. Article 429-Verbal complaint.-If the complaint is verbal will sit the corresponding Act, at the foot of which the complainant signed the or. If the latter does not know or can not sign, it shall be subject to the provisions of the preceding article. Article 430.-Contents.-the complaint should contain names, last name, street address, or judicial or electronic locker of the complainant and the relationship clear and accurate of the infringement and if possible with expression of the place, day and hour in which it was committed. It will be record of the day and hour of presentation and if possible, the following information shall be recorded: 1. the full name of the author, accomplices, if known as well as, the people who witnessed the offence or who may have knowledge of it.

2. the names and surnames of the victims and the determination of the damages caused.

3. all indications and circumstances that may lead to the verification of the existence of the infringement and to the identification of the accused.

The lack of any of these data, not prejudice the initiation of the investigation. It denounces by representative requires power special, in which shall contain expressly them data established in the present article. Article 431-Responsibility- the complainant is not procedural part, but will respond in cases of complaint declared as malicious or reckless.

Chapter fourth ACCUSATION PARTICULAR article 432-private prosecution-may present particular accusation: 1. the victim, by itself or through his legal representative, without prejudice to the faculty participate in all hearings and claim their right to full reparation, even when any private prosecution.

2. the victim, as a legal entity may charge through their legal representative, who may act by himself or through solicitor or legal procurator.

3. the victim as entity u organism public, may accuse by means of their representatives legal or of their delegates special and it or the Attorney General of the State, for them institutions that lack of status legal, without prejudice of the intervention of the Attorney General of the State.

In the special delegation shall expressly state the name and surname of the person charged and processed and the full account of the infringement with which you accuse. Article 433-procedure-the procedure you should follow the following rules: 1. the private prosecution may be made from the beginning of the instruction until its conclusion. 2 or the Special Prosecutor will appear before the judge to recognize the contents of the indictment. 3 or the judge will examine if the private prosecution gathers the requirements and would accept it admissible, ordering the citation. If it is incomplete, the judge, after specifying the omission clearly, have the accuser complete it within the period of three days. If the particular accuser not the complete the term as not proposed.

68 supplement - official record No. 180 - Monday 10 February 2014 4. The judge will order the citation with the private prosecution the person processed by any effective means at its disposal and will leave evidence of the procedural act.

5. the victim may withdraw at any time, of the private prosecution. 6. the particular plaintiff may appear personally or through his advocate or advocate public or sponsor or legal attorney to the hearing provided for in this code, with the exception of the audience of trial in which must be present, otherwise will be declared abandoned the private prosecution, the Prosecutor will continue the momentum of the process.

7 or the judge, when it handed down resolution which put an end to the process, be declared mandatory if the particular accusation is malicious or reckless.

Article 434-Content: the private prosecution will be presented in writing and shall contain: 1. name, surname, street address or legal or electronic locker, number of citizenship or identity card or passport number of the person presenting it.

2. the name and surname or to individualize the processed person and if possible, your street address.

3. the justification of find is in condition of victim. 4. the relation between facts, determination of the place, day, month and year in which it is committed as well as the accused infringement.

5. the signature of the person accused or its representative or agent with special power. In this power be expressly stating the name of the processed or accused person and the full account of the violation that you want to accuse.

6. If the accuser cannot or unable to sign, you must stamp the fingerprint, in the presence of one or a witness.

Article 435-Citation-the citation of the private prosecution will take place or the defendant personally, giving the corresponding ballot. If it is not present in the place designated for the citation, it will be mentioned by three ballots delivered to the residence or domicile, on three different days. But if home court points out, the citation will be is by a single ballot left at the address or e-mail address. Citation ballots shall contain the text of the indictment and the acceptance to processing auto. The ballot will contain appoint one or a private or public defender and prevention point box, legal address, or email address for notifications.

If the accused is a fugitive or his address is unknown, is sufficient citation locker judicial if pointed out, and the public defender's Office. If his home and judicial locker is not known, the citation will be through the public defender's Office. Article 436-Attorney common.-If in the same process are presented two or more plaintiffs for the same crime and against the same defendants, the judge shall order that they appoint a common prosecutor within forty-eight hours after the presentation of the prosecution and if they do not, shall appoint ex officio. This rule does not apply if several are those directly affected by the Commission of the offence. Article 437.-Withdrawal-the single withdrawal is if the defendant consents in it within the process. In this case there is no qualification of malice or recklessness. Parents acting on behalf of or of children under eighteen years of age, the or the guardians or curators, or the or the representatives of the institutions of the public sector may not refuse to. The withdrawal will proceed at the joint request of the accuser and accused, and will be resolved at hearing. Article 438-Resignation-the victim may waive the right to propose private prosecution. You can not renounce this right parents acting on behalf of or of children under eighteen years of age, the or the guardians or curators, or the or the representatives of the institutions of the public sector. You will not accept resignation in cases of crimes against sexual and reproductive integrity or violence against women or members of the immediate family.

Title III subjects procedural article 439-subjects procedural.-are the subject of criminal proceedings: 1. the processed person 2. The victim 3. The Prosecutor's Office 4. The Defense chapter first person processed article 440-person processed-is considered processed person to the natural or legal person, against which, the Prosecutor formulate charges. The processed person will have the authority to exercise all the rights which recognizes it the Constitution, international human rights instruments and this code.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 69 second chapter


VICTIM article 441-victim-are considered victims, for purposes of the rules of this code, to the following persons: 1. natural persons or legal and other subjects of rights who individually or collectively have suffered some damage to a legal right of directly or indirectly as a result of the infringement.

2. who has suffered physical, psychological, sexual assault, or any damage or prejudice its rights by the Commission of a criminal offence.

3 or the spouse or common-law partner in free union, even in couples of the same sex; ancestor or descendants within the second degree of consanguinity or first of affinity of them people designated in the numeral earlier.

4. who share the home of the person aggressor or attacked, in cases of offences against sexual and reproductive integrity integrity personal or violence against women or members of the immediate family.

5. the partner or shareholder of a legally established company that has been affected by the offences committed by their managers or administrators.

6. the State and legal persons of the public and private sectors that are affected by an infringement. 7. any person who has a direct interest in the case of those offences affecting collective or diffuse interests.

8. communities, peoples, nationalities and indigenous communities in those infringements affecting the members of the Group collectively.

The status of victim is independent is identified, apprehended, prosecuted, sanction or condone the person responsible for the offence, or that there is a family link with this.

Chapter third prosecution Article 442-prosecution-the Prosecutor's Office directs the pretrial investigation and criminal procedure and intervene until the end of the process. The victim must be educated from it or the tax on their rights and especially, on its intervention in the cause. Article 443.-powers of the Prosecutor's Office.-the Prosecutor exerts them following powers: 1. organize and direct the system specialized integral of research, of medicine legal and Sciences forensic. 2. direct the system of protection and assistance for victims, witnesses and other participants in the process.

3 issued in coordination with entities that support specialized integrated system of research, legal medicine and forensic sciences or with the competent body in transit, manuals of procedures and technical standards for the performance of the investigative functions.

4 ensure the intervention of prosecutors specialized in crimes against sexual and reproductive integrity, violence against women or members of the immediate family, hate crimes and those who commit are against girls, children, adolescents, youth, people with disabilities, adults and older adults and in relevant matters which, by its particularities, require greater protection.

Article 444.-powers of the or the fiscal.-are powers of it or the fiscal, the following: 1. receive complaints written or verbal in them crimes in which comes the exercise public of the action. 2. to recognize places, tracks, signals, weapons, objects and instruments with the intervention of the personnel of specialized integrated research, legal medicine and forensic science system or personnel competent in the area of transit, in accordance with the provisions of this code.

3 formulate charges, encourage and support the claim of having merit or refrain from exercising public action.

4 have the personnel of specialized integrated system of research, legal medicine and forensic sciences or the competent personnel on transit, the practice of proceedings aimed at the clarification of the fact, except for the reception of the version of the suspect.

5 monitor the provisions given to the personnel of specialized integrated system of research, legal medicine and forensic sciences or to the competent authority of transit.

6 receive versions victim and the people who witnessed the events or those who record some data about the fact or its authors.

7 request or the judge, in the cases and with the solemnities and formalities provided for in this code, the reception of witnesses anticipated to applying the principles of immediacy and contradiction, as well as the victims of crimes against sexual and reproductive integrity, human trafficking and violence against women or members of the household.

8. prevent, by a time not more of eight hours, that them people whose information is required, is absent from the place, in the form established in this code.

9 provide that the person apprehended in flagrante delicto be placed under command of the relevant judicial body, in order to resolve your situation 70 - supplement - official record No. 180 - Monday, February 10, 2014 legal within twenty-four hours since the arrest.

10 available to the staff of the specialized system comprehensive research, legal medicine and forensic sciences or competent authority of transit, the identification of the suspect or the person that is processed when the victim or respondents do not know your name but ensure that they identify it if they see it, in accordance with the provisions laid down in this code.

11. request to it or to the judge that dictate them measures precautionary and of protection that consider appropriate for the defense of the victims and the restoration of the right. Also may request the revocation or cessation of such measures when it deems that practiced research has allowed to fade the evidence which gave rise to them.

12 order the comprehensive expertise of all the indications which have been raised at the scene of the fact, ensuring the preservation and proper handling of evidence.

13 the principle of opportunity. 14. have the practice of the other proceedings research that consider necessary. Provided that the rights of any person restricted require authorization of the judge. The applicant or any person who, at the discretion of the Prosecutor, must cooperate to clarify the truth, will have to appear before the Prosecutor's Office for the practice of the respective procedural act. In case of failure to comply with the Prosecutor may request the appearance with the use of public force.

SECTION first national system of protection and assistance for victims, witnesses and other participants in the process article 445.-Organization-the public prosecutor's Office directs the national system of protection and assistance for victims, witnesses and other participants in the process, through which all the participants in the pretrial investigation or at any stage of the process, may benefit from specialized protection and assistance measures to safeguard their integrity and not victimized When they are in danger. This system will have the necessary resources from the General budget of the State, for their efficient management. Article 446-coordination-to comply with the principles of accessibility, responsibility, complementarity, timeliness, effectiveness and efficiency, all public entities and private allied to the interests and objectives of the national system of protection and assistance for victims, witnesses and other participants in the process, are required to coordinate within their respective areas of competence.

For the implementation of the system, it will be qualified personnel. In locations where such personnel are not available, it will intervene on the centers of health, clinics, hospitals, public or private, centers or accredited protection shelters and other public or private entities that have suitable knowledge to perform activities that are required. The Prosecutor, for the fulfilment of the purposes of the system, will be directed through the corresponding entities a team of agents for the protection of victims, witnesses and other participants in the criminal process. Article 447.-Regulation.-the system of protection and assistance to victims, witnesses and other participants in the criminal process, must be regulated by rules elaborated in coordination with public entities that support the system.

SECTION second system specialized comprehensive research, legal medicine and forensic sciences article 448.-Organization and management. In pre-trial matters and criminal procedure, the Prosecutor's Office will organize and direct integral specialized research, legal medicine and forensic science system that will provide specialized scientific and technical support services to the administration of Justice. The system will have the support of the specialized agency of the national police and civilian staff of research, those who carry out the necessary steps to fulfil the purposes specified in this code, execute its tasks under the direction of the Prosecutor's Office and depend administratively on the Ministry of industry. Article 449.-Powers-are powers of the personnel of specialized integrated system of research, legal medicine and forensic sciences: 1. give notice to or the Prosecutor immediately of any news that you may have about the Commission of an offence of public exercise of criminal action.

2 receive complaints in public exercise of criminal action offences and refer them immediately to the Prosecutor's Office for processing.

3. to make the first inquiries, such


as: interviews, surveillance, management sources and others, which will be recorded by means of magnetic recording or video.

4 apprehend in flagrante delicto surprised people, those who communicate them their rights, shall draw up the corresponding part and the apprehended person, will be immediately, orders of the competent judicial organ.

5. take them measures appropriate and timely to prevent the discourage or consummation of a violation that comes to its knowledge.

Supplement-registration official No. 180-Monday 10 of February of 2014-71 6. Monitor, protect, protect and preserve the place where the offence is allegedly committed and collect the results, tracks, signals, weapons, objects, instruments and other vestiges.

7 proceed to the survey and identification of the corpse. 8 enforced in accordance with the designated deadlines, requirements for the practice of inquiries by the Prosecutor.

9. meet the orders that them provided it or the tax or the or the judge. 10 identify suspects. 11 maintain up-to-date databases of information and take a statistical system of investigation of crime.

12. to request or to the Prosecutor the court authorization for the practice of investigative proceedings. About the inquiries and its results, will be presented a report or to the Prosecutor, within designated deadlines. In those places where there is no comprehensive specialized system of research staff, legal medicine and forensic sciences, in the field of criminal justice, the servers, or servants of the national police will have the powers mentioned in this article. Article 450.-Reports or reviews of public and private entities.-in the case of locations where there is staff of specialized integrated system of research, legal medicine and forensic sciences, in order to ensure the remains, objects and instruments, may participate, at the request of the Prosecutor, professionals from health centres, clinics or public hospitals accredited by the Council of the judiciary. In case of not existing units of health public is may resort to the sector private accredited by the Council of the judiciary. These establishments shall draw up reports showing the names of the responsible entities and practitioners who have completed the tests, which will be delivered to the or to the Prosecutor requesting them.

Chapter quarter LA defense article 451-advocacy public-public advocacy will ensure full and equal access to justice for persons, who by their State of helplessness or economic, social or cultural condition may not hire the services of a private legal defense, for the protection of their rights. It or the Defender public not may excuse is of defend to the person, except in those cases expected in them standards legal relevant. The public defender's Office will ensure the legal assistance of the person from the stage of preliminary investigation until the end of the process, provided that it does not have an or a private advocate. The person will be trained on her right to choose another or other private or public defender. The judge, upon request of the person, will relieve the defense or public defender, when it is manifestly inadequate. Article 452.-Need to advocate-the defence of any person will be responsible for one or a lawyer of their choice, without prejudice to their right to defence material or the allocation of one or a public defender. In the cases of absence of it or the defender chosen and from the first performance, is will be with an or a defender public previously notified. The unjustified absence of the diligence private or public defender, will be communicated to the Council of the judiciary for the appropriate sentence.

Title IV test chapter first provisions General Article 453.-aim-the test is intended to lead to the or the judge to convincing facts and circumstances matter of the offence and the responsibility of the processed person. Article 454.-Principles-announcement and practice the test shall be governed by the following principles: 1. opportunity-is announced in the evaluation stage and preparatory trial and is practiced only in the trial hearing.

The elements of conviction must be presented in the evaluation stage and preparatory for judgment. Research and skills practiced during the investigation will reach the value of test, once they are filed, incorporated, and valued at the oral hearing of the trial.

However, in exceptional cases provided for in this code, may be testing the testimony produced in advance.

2 immediacy: the or the judges and procedural parts must be present in the practice of the test.

3. contradiction-the parties are entitled to know timely and controvertir tests, both which are produced in the audience of trial as the testimonials that practice in advance.

4 freedom probation.-all the facts and circumstances relevant to the case, can try by any means that it is not contrary to the Constitution, the international human rights instruments, the international instruments ratified by the State and other legal norms.

72 supplement - official record No. 180 - Monday 10 February 2014 5. Relevance-the evidence must relate, directly or indirectly to the facts and circumstances relating to the Commission of the offence and its consequences, as well as to the criminal responsibility of the person that is processed.

6 exclusion.-all test or element of conviction obtained with violation of the rights established in the Constitution, in international instruments of human rights or the law, have no probatory effectiveness, therefore be excluded from the procedural action.

The means test which relate to the conversations that the Prosecutor has had with the processed person or their defence in development of feature demonstrations is inadmitirán.

The informative parts, news of crime, witnesses, expert reports and any other prior statement, versions may be used in the trial for the sole purpose of remembering and highlight contradictions, always under the prevention that does not replace the testimony. In no case will be admitted as evidence.

7. principle of equality of opportunities for testing-effective material and formal equality of those participating in the development of the procedural action must be guaranteed.

Article 455.-Causal link-proof and evidence must be a causal link between the breach and the processed person, the Foundation will have to be based on real facts introduced or that can be introduced through a test and never, on assumptions. Article 456-Chain of custody-applies chain of custody to the physical elements or evidentiary digital content, to ensure its authenticity, proving their identity and original state; conditions, persons involved in collecting, shipping, handling, analysis and conservation of these elements and included changes made in them by each custodian. The chain begins in the place where you get, it is or collects the test element and ends by order of the competent authority. They are responsible for its implementation, the personnel of specialized integrated system of research, legal medicine and forensic sciences, competent personnel on transit and all private and public servers that relate to these elements, including the staff of health services that come into contact with physical elements which may be useful in the investigation. Article 457-Assessment criteria-the test will be taking into account its legality, authenticity, subjection to chain of custody and current degree of scientific and technical acceptance of the principles that expert reports are based. Demonstration of the authenticity of the evidence and physical evidence not subjected to chain of custody, will be in charge of the party presenting them.

Article 458.-Preservation of the scene of the fact or evidence.- the server public to intervene or take contact with the scene of the fact and evidence will be responsible for their preservation, to count on the presence of qualified personnel. Equal obligation to have individuals who come into contact with evidence related to an alleged offence by reason of their work or function.

SECOND chapter and techniques special performances of research article 459-performances-the research actions are subject to the following rules: 1. for sampling, medical and physical tests, required the express consent of the person or the authorization of the judge, unless the person can be physically constrained. Exceptionally by the circumstances of the case, when the person can not give consent, a family member may be granted it to the second degree of consanguinity.

2. the proceedings for recognition will appear in the proceedings and expert reports. 3. the proceedings of research must be registered on most appropriate technological and documentary means to preserve the realization of the same and will be part of the tax file.

4. the record stating in the tax file must be


sufficient to determine all of the elements of conviction which may base the formulation of charges or the prosecution.

5. in the case of absence of an accredited public institution, autopsies, medical examinations, laboratory or biological tests, may be performed in an accredited private health institution and the costs shall be borne by the Council of the judiciary. They will have forensic value.

Article 460.-Recognition of the scene- the Prosecutor with the support of the staff of specialized integrated system of research, legal medicine and forensic sciences, or the competent personnel in transit, when it is relevant to the investigation, will recognize the scene in accordance with the following provisions: 1. the Prosecutor or staff of the specialized comprehensive research system , of medicine legal and Sciences forensic, may prevent to any person, even making use of the force public, that enter or is remove of the place where is committed the infringement, by a maximum of eight hours, until is practice the performances of research necessary.

2. in the traffic violations, proceedings for recognition of the place of events, research, technical inspection and surveys supplement - official record No. 180 - Monday, February 10, 2014 - 73 will be carried out by qualified personnel from the competent body in the field of transit in their respective jurisdiction.

3. the forwarding agents will take procedure and shall draw up the corresponding part. They will be in charge of the alleged offenders who will be immediately placed at the orders of the competent authority and it will require the participation of the specialized personnel of the competent body in the field of transit in their respective jurisdiction.

4. it will forward to the or to the tax, the police reports and other documents relating to the infringement within the period of twenty-four hours.

5. the fixing and collection of evidence, footprints, traces found at the site be credited to chain of custody for the investigation carried out by the Prosecutor, who shall have the relevant proceedings.

6 vehicles apprehended by traffic accidents, which are people injured and deceased, will move to the courtyards of retention vehicular respective to their expert recognition.

7. the diligence of expert recognition of vehicles ordered by the Prosecutor will be practiced within within seventy-two hours, counted since the Prosecutor receives the corresponding police party. Subsequently to the recognition expert are delivered the automotive to its owner, holder or to who legally appropriate.

8. the proceedings for recognition of the scene across digital, digital services, media or technological equipment occur.

Article 461.-Actions in case of death-when news of the existence of a corpse or human remains, the Prosecutor shall: 1. identification and the lifting of the corpse. 2. the foreign recognition covering orientation, position, registration of vestments and description of injury.

3. in the report of the autopsy, it will consist of a detailed state of the body, the time elapsed since death, likely used element, fashion and the probable causes of death. The experts will take the corresponding samples, which will be preserved.

4. in case of death violent, while the inquiries, the or the Prosecutor deemed necessary, shall ask the authority of competent health that do not grant permission for cremation.

Article 462-exhumation-in case it is required the exhumation of a corpse or his remains, continue to the following rules: 1. the Prosecutor, the private or public defender or the victim may apply for the realization of an exhumation in the investigation of a suspected criminal offence or the competent judge, who may authorize its practice , for which it or the fiscal shall designate those experts medical examiners that will intervene.

2. the authorization judicial will proceed only if by the nature and circumstances of the infringement, the exhumation is indispensable for the research of an alleged infringement criminal.

3. the personnel of specialized integrated system of research, legal medicine and forensic sciences, shall review and determine the conditions of the exact site where is located the corpse or his remains.

4. the relocation and exhumation must respect the chain of custody. Article 463-Obtaining samples.-to obtain samples of body fluids, organic and molecular components will follow the following rules: 1. may be evidence of a biological nature, extraction of blood in the body, or other similar objects, if fear undermining the health and dignity of the person subject to review.

2. when the examination should perform is in victims of infringement against it integrity sexual or in a girl, child or teen, is will take them measures necessary depending on its age and gender for disfunction its dignity and integrity physical and psychological.

Exams are practice with strict conditions of confidentiality and respect for privacy. Unless it is essential, it is prohibited to subject the person again same scrutiny or legal medical examination.

The health professionals performing these tests will be required to retain elements of proof found in conditions of security, which will be immediately delivered to staff the specialized system of comprehensive research, legal medicine and forensic sciences, and must pay advance testimony, or may be made through video conferences in accordance with the rules of the present code. Article 464-Intake of alcohol and scheduled substances subject to control.-on transit, will follow the following rules: 1. the maximum levels of alcohol concentration in the blood, tolerable for the driving of motor vehicles, are determined in this code.

2. when there are elements that reveal the need to make an analysis of intake of alcohol or poisoning from ingesting scheduled substances subject to control to the driver of a vehicle, the traffic officer will perform the test alcohotest or narcotest or failing that will lead you to an accredited institution 74 - supplement - official record No. 180 - Monday, February 10, 2014, to practice the exam within the subsequent 24 hours. The results of the tests will serve as elements of conviction.

3. for the tests of alcohotest, transit officers wear detector or any other dosing device measurement.

4 If the physical conditions of who was driving make it impossible to perform the above tests, agent will request the transfer of the or of the wounded to an accredited health facility, which will perform the corresponding examinations.

5. in the event that the driver refuses to check tests to practice it, shall be presumed that it is in the highest degree of drunkenness or intoxication effect of alcohol or controlled substances listed. Of equal way will be valid the tests psychosomatic that them agents of transit carried out in the field, registered through average audiovisual.

Article 465-Medical and body.-examinations may be carried out medical and physical examinations of the processed person or the victim if necessary to verify relevant circumstances for research, according to the following rules: 1. in cases of crimes against sexual and reproductive integrity, trafficking in persons and offences of violence against women or members of the immediate family When a person put in knowledge that has been the victim of one of such criminal offences and there is danger of destruction of fingerprints or traces of any nature in his person, public or private health centres accredited that is go, must practice, prior written consent of the victim or of his representative, the awards, medical examinations and biological tests.

2 performed examinations, will rise a duplicate of the same Act, which will be signed by the head of the establishment or the respective section and practitioners who practiced it.

3. a copy will be delivered to the person that has been subject to the recognition or who it have low its care and the other copy, as well as them samples obtained and them results of them analysis practiced, will be referred within them following twenty-four hours to the personal of the system specialized integral of research, of medicine legal and Sciences forensic, which will inform immediately to it or to the fiscal , or the or the judge.

4. If it is body tests, women who must undergo them may require staff of the same sex.

5. you may request an expert psychological in cases of sexual violence, against women or members of the immediate family or other crimes, especially when the victim is a child, child, teenager, elderly or pregnant woman. These will be carried out in specialised centres accredited in this theme.


Article 466.-Personal identification-where it is not possible to identify other means to a person investigated and be necesariala identification by the victim or a third party, will proceed with the following rules: 1. the Prosecutor shall address recognition. 2. the person to be identified, shall be entitled to have one or a private or public defender. 3. the person by identify will be put between a minimum of ten persons of similar characteristics. 4. the victim or the person who meets the recognition must be separately before and after this diligence. It may not witness the formation or rupture of the row that is recognized.

5. no person can see the person under investigation in any circumstance that allows to identify it. 6. If there are several people who need to be this diligence, you will not see to the investigated that integrate the row and made the recognition one by one.

7 or the Prosecutor in charge of the recognition in the row, as well as the officer to escort each of those who should do it, should not know who is the person under investigation or may communicate to other people that they need to comply with it.

8. at the examination will be used suitable technical means preventing the exposure of the victim with the investigated.

9. of be possible, all those honors is it will do through the camera of Gesell, subject to the due process.

10. If the identification is through photographs or videos, they will present and be incorporated in the judging audience.

Article 467.-Recognition of objects-objects that can serve as elements of conviction must be recognised and described. Practiced the recognition, prior subscription of the Act respective, is them will deliver to their owners, holders or to who legally appropriate, provided that is them again to present when it or the fiscal or it or the judge it order, low warning of apremio personal, if not do it. In cases of stolen or reclaimed objects that are recovered to the time of the arrest in flagrant offences, shall be recognized and given to the owners, holders or who legally applicable at the same formulation of charges hearing, prior signing of the corresponding Act.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 75 will not be necessary to make a new recognition if the objects have been described in the expert report initially requested by the Prosecutor, in the place of the incident. Article 468-Reconstruction of the fact- the Prosecutor, when it is deemed necessary, will practice with the staff of the specialized system integral research, legal medicine and forensic sciences, or the competent personnel on transit, the reconstruction of the fact, in order to verify if the infringement was executed or could run in a certain way, considering the elements of belief that exist in the process. In this reconstruction the accused, the victim or witnesses, if they voluntarily attend, relate the facts in the place where they occurred, taking the view, if possible, objects related to the violation. Article 469.-machinery and vehicles.-for collect elements materials and evidence physical that is are in objects of great size, as ships, aircraft, automotive, machinery, containers, cranes and others similar, those experts should practice the expertise in the term designated by it or the fiscal; after which the Prosecutor will order the delivery to the owners or persons lawfully, except those susceptible of seizure or destruction. The elements of conviction or physical evidence obtained will be packed and will remain in custody of the respective agency. Item 470-Personal communications-may not record or record by any means personal communications of third parties unless they have known and authorized the recording or registration, except for the cases expressly mentioned in law. Information obtained illegally has no legal value. Risks, damages and prejudices that generate for the people involved, will be attributable who forced the disclosure of information, being obliged to make full reparation for the damage. Article 471-Records relating to a fact constitutive of offense-not require judicial authorization the recordings of audio, video or photography related to a fact establishing infringement, images recorded so spontaneous to the moment of his execution, by means of social communication, safety, by any technological means or surveillance cameras, by individuals in public places and freedom of movement or in cases in which disclosure of audio or video recordings obtained by one of those involved, in which case the preservation of the integrity of the data record will be required so that the recording has probative value. In these cases, them recordings is put immediately to orders of it or the fiscal in support original and will serve for incorporate to the research e introduce them to the process and of be necessary, it or the fiscal will have the transcription of the part relevant or its reproduction in the audience of trial.

Article 472.-information of circulation restricted-not can circular freely the following information: 1. that that is protected expressly with a clause of book previously established in the law. 2. information about personal data and that comes from personal communications whose diffusion not authorized expressly by the owner, by law or by the judge.

3. the information produced by the Prosecutor within the framework of a previous investigation and that originated in the court order related to special investigation techniques.

4. the information about children and adolescents that violates their rights as established in the organic code of childhood and adolescence and the Constitution.

5. the information described by the agencies that make up the national intelligence system. Article 473-Alteration, disposal or destruction of goods or substances-to practice expertise it is necessary to alter or destroy property or substance which has recognised, the Prosecutor shall, if possible, a part is reserved to keep it in their custody. For hydrocarbons and their derivatives, the Prosecutor after the respective recognition, ask the judge order the delivery of these substances to the State entity responsible for the exploitation of hydrocarbons, keeping specimens that remain in chain of custody. Case of explosives or other dangerous substances, after recognition will proceed to their destruction or delivery to organizations that reuse them. Article 474.-Analysis and destruction of scheduled substances subject to control.-catalogued seized controlled substances are subject to chemical analysis, for which purpose samples, the national police will deliver the experts appointed by the Prosecutor, who shall submit his report within the specified period will be taken. In the report the gross and net weight of the substances shall be determined. Samples indicator will remain under chain of custody until they are presented at trial. In expert performances and destruction, will follow the following rules: 1. when the scheduled substances subject to control are wetted, diluted or contained in goods or objects, the experts will determine the amount of these substances if possible, through the qualitative and quantitative analysis.

2 performed the chemical analysis and determination of weight, the substances in tank to the competent body in the field of scheduled substances subject to control, with its respective report, keeping the chain of custody will be given.

76 supplement - official record No. 180 - 10 February 2014 3 Monday. Within fifteen days of the start of the instruction, the judge will have to proceed to the destruction of the seized controlled listed substances and that they are on deposit, unless, in the case of supplies, chemical precursors or other specific chemical products, in which case the competent body in the field of scheduled substances subject to control You may provide, within sixty days after receipt, use or donation to a public sector entity, its disposal for licit or its destruction. The donation or disposal will take place in the form determined by this organism and in favour of the natural or legal persons previously qualified.

4. for the destruction shall be verified the integrity of the casing or the good that contains it and the identity of the substance, check the gross weight and the net weight, checking if it corresponds to which consists in the research report. This diligence the judge, the respective judicial office and the depositary will feature o.

5 when in the research controlled listed substances have been arrested and not can be established the liability of any person in the Commission of offences by illicit substances, production or trafficking conducted chemical analysis, determined gross and net, court order, the personnel of specialized integrated system of research, legal medicine and forensic sciences ascribed to deposit must be sent to the competent body in the field of scheduled substances subject to control


6. the judge must order the destruction of those substances, within them fifteen days of have started it research, fulfilling them formalities established in this code and, with regard to them others goods, these is delivered in deposit to the body competent in matter of substances scheduled subject to control for be seized.



FIRST section special performances of research correspondence article 475-retention-retention, opening and examination of correspondence and other documents shall be governed by the following provisions: 1. physical, electronic mail or any other type or form of communication, is inviolable, except in the cases expressly authorized by the Constitution and this code.

2 or the judge can authorize the or to the Prosecutor, upon motivated request, the hold, open and examine correspondence, when there is sufficient evidence to presume that it has some useful information for the investigation.

3. to proceed with the opening and examination of correspondence and other documents that may have related to the facts and circumstances of the infringement and its participants, will be notified previously to the person concerned and with their concurrence or not, you will read the correspondence or document in the quiet form, informing the particular to the victim and the accused or his public or private counsel. To lack of them subject procedural it diligence it will make before two witnesses. All parties swear to save reserve.

4. If correspondence or other documents are related to the offence that is investigated, it added to the fiscal record after approved; otherwise, return them to the place where they are taken or the person concerned.

5 if it's writing code or in another language, deciphering by experts in cryptography or its translation will immediately be ordered.

Article 476-Interception of communications or computer data.- the judge will order the interception of communications or computer data on substantiated request of the Prosecutor when there is evidence that are relevant for the purposes of the investigation, in accordance with the following rules: 1. the judge shall determine the intercepted communication and interception time that it may not be greater than within ninety days. Elapsed the time authorized is may request approval by a single time an extension to by a term of ninety days.

When they are investigations of organized crime and its related crimes, interception may be up to six months. The authorized time may be requested approval once an extension up to a period of six months.

2. the information related with the infringement that is get of them communications that is intercepted during the research will be used in the process for which is them authorizes and with the obligation of save secret of them Affairs outside to the made that motive its examination.

3. when, in the course of an interception is known in the Commission of another offence, it shall immediately inform the or the Attorney for the start of the corresponding research. For flagrant offences, shall be compliant with the provisions of this code.

4. authorization of the judge, the Prosecutor, held the interception and recording of computer data transmission through telecommunications as services: fixed telephony, satellite, mobile and wireless, with services of voice calls, SMS messages, MMS messages, transmission of data and voice over IP, email, social networks, video conferencing, multimedia , among others, when the or the Prosecutor considers it indispensable to check the existence of a violation or the responsibility of the participants.

Supplement-registration official No. 180-Monday 10 of February of 2014-77 5. It is prohibited the interception of any communications protected by the right to preserve professional secrecy and religious. Procedural actions that violate this guarantee have no probatory effectiveness, without prejudice to the respective sanctions.

6. to process only will introduce way textual transcription of those conversations or part of them that may be useful or relevant for the purposes of the investigation. However, the processed person may request audition of all his recordings, when deemed appropriate for his defense.

7. the staff of the providers of telecommunications services, as well as the caregivers of intercept, record and transcribe the communications or computer data will be required to keep reserve on their content, except when called to testify at trial.

8. the means of storage of information obtained during the interception shall be kept by the Prosecutor in a specialized collection for the effect Center, until it is presented at trial.

9 prohibited the interception, recording and transcription of communications that violate the rights of children and adolescents, particularly in those cases that generate the re-victimization in offences of violence against women or members of the core family, sexual, physical, psychological and others.

Article 477.-recognition of recordings.-it or the judge authorized to it or to the fiscal the recognition of them recordings mentioned in the article previous, as well as of videos, data computer, photographs, discs u others media analog or digital. For this purpose, with the participation of two experts who swear to keep reserve, the Prosecutor, in private audience, proceed to display movie or listen to the disc or recording, and to examine the content of computer records. The parties may attend with the same oath. The Prosecutor may require the identification of recorded voices, by people claiming to be able to recognize them, without prejudice to order the recognition by technical means.

SECOND section records and RAID article 478.-records-the records will be held according to the following rules: 1. records of persons or objects and seizure of items related to a violation in homes or other places, will require authorization by the affected person or court order. In the latter case it must be motivated and limited only to the above limitation in the same and in the authorized place.

2. the consent freely given by the person required to register a given space, will allow the search and seizure of items related to a violation. Only capable persons may provide consent and of age. Shall inform the person investigated about their right not to allow the registration without judicial authorization.

3. them and them servers of the force public, without mediate order judicial, as an activity of character preventive or investigative, may perform the control of identity and record surface of people with strict observance with regard to gender and respect of them guarantees constitutional, when exist a reason based of that it person hidden in their clothing any type of weapon that can put in risk the security of them people or exist it presumption of that is committed or attempted to commit a criminal offence or provide evidence or evidence useful for the investigation of an offence.

Article 479.-Registry of motor vehicles-you can register a vehicle without judicial authorization, in the following cases: 1. in border areas or where control is exercised by the customs.

In any case registry shall interfere with the privacy of passengers.

2. in control of routine police and military. In any case the record must interfere in the privacy of the passengers.

3. in case of exist reasons informed or assumptions about the existence of weapons or of the existence of elements of conviction in offences criminal.

4. If the driver not justifies documented and legally the permissions of circulation, registration or of origin of the merchandise.

5. by the fact of having is committed a violation flagrant. He official that has distorted the Commission of a crime flagrant to register a vehicle will be deposed of its cargo, without prejudice of them actions civil or criminal to give place.

Only in them alleged of the second, third and fourth numerals of this article is may make a registration surface on them people, with strict enforcement as regards gender, age or groups of attention priority and respect of them guarantees constitutional. Article 480.-RAID-the domicile or the place where the person develop your family, business or employment, activity can be paved in the following cases: 1. case of detaining a person against whom warrant research purposes has been entered, prison preventive or has been pronounced guilty verdict rendered with imprisonment.

78 supplement - official record No. 180 - Monday 10 February 2014 2. When is the national police in uninterrupted pursuit of a person who has committed a flagrant crime.

3. in the case of preventing the consummation of an infringement being and of helping their victims.

4. in the case of helping victims of an accident that could risk the lives of the people.

5. in the case of the stolen thing raise or


claimed or the objects that constitute evidence or are linked to the fact that is investigated. In these cases is will proceed to the apprehension of those goods.

6. in cases of violence, against women or members of the family, when it should recover to the attacked assaulted, or their families; When the aggressor or the aggressor is armed or under the influence of alcohol, scheduled substances subject to control or is attacking your partner or putting at risk the physical, psychological or sexual integrity of any member of the family of the victim.

7. in the case of emergencies, such as: fire, explosion, flood or other kind of havoc that endanger life or property.

Reasoned order of the judge will be required in cases of the numerals 1 and 5, and in other cases it will not require any formalities. For avoid it leak of people or the extraction of weapons, instruments, objects or documents evidentiary and while is ordered the RAID, it or the fiscal may have it surveillance of the place, the retention of them things and request to it or to the judge the order of detention with purposes investigative for them people that is are in he. Article 481-Order search-search warrant must record in writing and indicate the reasons that determine registration, proceedings by practice, address or specific location of the place or places where to run the RAID and its date of issue. In cases of urgency, the Prosecutor may request the order verbally or by any convenient means, leaving evidence of the reasons that determined the RAID. The exact description of the place or places to register is not possible, the Prosecutor will indicate the arguments so that, in spite of this, should be operational. Under any circumstances, orders of arbitrary registration and search warrant may issue. The judge may authorize the RAID by any means, leaving proof of such an act. Article 482.-Procedure the RAID-RAID must be done in accordance with the following rules: 1. the presence of the Prosecutor accompanied by the national police, while they may enter persons not authorised by the Prosecutor to the place that should pave.

2. If presented the order of search warrant, the owner or resident of the home, workplace or local, it resists to the delivery person or things or income or display places or objects that are inside of these places, the Prosecutor ordered the breaking of locks or doors.

3. practiced the RAID, it or the fiscal will recognize in presence of them concurrent them dependencies of the local paved, them weapons, documents or objects concerning to the infringement. The personal of the system specialized integral of research, medicine legal and science forensic, will collect them elements of conviction relevant, prior inventory, description detailed and packing for chain of custody.

4. to pave a diplomatic or consular mission or the residence of the members of the respective missions, the judge shall apply with a copy of the process to the entity responsible for policies in Foreign Affairs, requesting the diligence practice. In case of refusal of the diplomatic or consular agent, the search cannot be performed. In any case, it will host provisions of international conventions in force in the Republic of Ecuador on the subject.

5. for stop to them people prófugas that is have refugee in a ship or in an aircraft foreign that is halle in territory Ecuadorian, the claim of delivery is will make, according to the provisions of the numeral previous, including in them cases of negative or silence of the Commander of the ship or aircraft.



THIRD section techniques special article 483-operations research covert-in the course of investigations by way of exception, under the direction of the unit of the Prosecutor's Office, can plan and execute with the personnel of specialized integrated system of research, legal medicine and forensic sciences, a covert operation and authorized his agents to get involved or to introduce to organizations or groups criminal hiding their official identity with the aim of identifying participants, gather and collect information, elements of belief and evidence useful for research purposes. The undercover agent shall be exempt from criminal or civil liability for those offences that should incur or that has not been able to prevent, whenever they are necessary due to the development of research and keep due proportionality with the purpose of it, otherwise will be punished in accordance with relevant legal provisions.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 79 article 484.-rules-the covert operations must observe the following rules: 1. the covert operation will be conducted by the specialized unit of the Prosecutor's Office. It may be requested by the personnel of specialized integrated system of research, legal medicine and forensic sciences, delivering or the fiscal background that would justify.

2. the authorization of the public prosecutor must be grounded and will respond to the principle of the need for research, should impose time limitations and controls that are useful for a proper respect for the rights of persons investigated or prosecuted.

3. in no case will be allowed to the agent undercover, promote crimes that not be of initiative prior of them investigated.

4. the identity given to the undercover agent shall be maintained during the version that is present in the process. Authorization to use the identity not may extend for a period longer than two years, renewable for two years more with proper justification.

5 be necessary in the case investigated, all undercover agent will have the same protections as witnesses.

6 versions of the undercover agent will serve as elements of conviction within the research. 7. in the case of conduct proceedings requiring judicial authorization, or the Prosecutor will request them to the competent judge by any means, keeping the due reservation.

8. the elements of conviction obtained by unauthorized undercover agents lack any value. Article 485.-deliveries monitored or controlled.-with the purpose of identify e individualize to them people that participate in the execution of activities illicit, know their plans, avoid the use illicit or prevent and check crimes, it or the fiscal of it unit specialized of the Prosecutor may authorize and allow that them remittances or shipments illicit or suspected both of them instruments that serve or can serve for the Commission of crimes effects and products of illicit activities and the scheduled substances subject to control; or the instruments, objects, species or substances that have replaced total or partially, leaving or entering the national territory and within the territory to move, keep, intercepted or circulate under the supervision or the supervision of the competent authority. Item 486.-Procedure for controlled delivery.-in the course of investigations of organized crime activities and as long as there is a history or elements that are preparing or executing


constituent activities of crimes, the Prosecutor of the specialized unit of the Prosecutor's Office, can plan and arrange the execution of deliveries supervised or controlled. This investigative technique is used when it is deemed substantiated so that it facilitates the identification of other participants, either in the country or abroad. If in the development of it delivery patrolled or controlled, occur risks for it life or integrity of them or them servers, agents undercover or informants that involved in it operation or for the collection of background important or for the assurance of them share, it or the fiscal may have in any time it suspension of this technical and if is from is draw to them share and will retain them substances and others instruments relating to the infringement. Without limiting the foregoing, in cases of danger before indicated, the servers responsible for delivering monitored or controlled are entitled to apply rules of detention in flagrante delicto. There remains the crime that is investigated by a delivery monitored or controlled, even when replacing substances or species or participated informants or undercover agents, public servers. Article 487.-Protection of the operation-all actions related to covert operations, supervised or controlled deliveries must be kept under secret and kept out of court proceedings. It or the fiscal must adopt all the measures necessary to watch them instruments, species or substances indicated previously and protect to them people that participate in them operations. At the international level, undercover operations, monitored or controlled delivery will be adapted to the provisions of existing international instruments. Article 488-Referral of evidence.-without prejudice to the development of joint research and mutual legal assistance, the Prosecutor shall request directly to law enforcement authorities and Court foreign, remission of the evidence necessary to prove the fact constitutive of the infringement and alleged criminal liability of persons investigated in the country, in accordance with existing international instruments as well as grant such history, to foreign authorities if requested. Article 489-Agent undercover processed.-when the undercover agent is involved in a process derived from his performance in the investigation, the head of the specialized unit of the Prosecutor's Office confidentially communicate their character or the competent judge, referring all relevant information in the form reserved. Article 490.-Principle of legal reserve- the judge competent, at the request of the Prosecutor and taking into consideration the rights of the participating 80 - supplement - official record No. 180 - Monday, February 10, 2014, in the development of research, available research techniques keep in reserve during the terms determined in this code. Article 491.-Effective cooperation.-means effective cooperation agreement for supply of data, instruments, effects, goods or information accurate, true and verifiable, which necessarily contribute to the elucidation of the facts under investigation or identify those responsible or serve to prevent, neutralize or prevent the perpetration or completion of other offences of the same or greater gravity. Article 492.-pending of the cooperation effective.-it or the fiscal must express in its accusation if the cooperation lent by the processing has been effective to them purposes designated in the article earlier. The reduction of the penalty will be determined later to the individualization of criminal sanction according to the General extenuating or aggravating circumstances that are in accordance with the General rules. The penalty may not exceed the terms of the agreement. Article 493.-award of benefits of the cooperation effective.-it or the fiscal will propose to it or to the judge a penalty not less of the twenty percent of the minimum of the set for the infringement in that is halle involved the cooperative. In cases of high social relevance and when the testimony allows to prosecute members of the leadership of the criminal organization, the Prosecutor or the judge, request one penalty not less ten percent of the minimum of the penalty established for the offence against the processed person who worked effectively. The award of this benefit will be conditioned to the fulfilment of the obligations laid down in the agreement of cooperation according to the nature and modalities of the committed punishable, circumstances in which commits and the extent of cooperation provided as well as personal conditions of the beneficiary. Article 494. Precautionary measures and protection in effective cooperation.-If necessary, the Prosecutor will ask the judge or establish measures precautionary and protection, to ensure the success of investigations and ensuring the integrity of the processed person who collaborates effectively, the victim, his family, witnesses and other participants , at any stage of the process. All the actions related with the cooperation effective must be saved under secret and maintained out of performances judicial. The competent authorities, in accordance with the case, once completed, may be taken according to the degree of risk or danger, the necessary protection measures for the fulfilment of the penalty of the cooperator and may extend long keep risk personal and family circumstances.

Article 495.-Informant-is considered informant to any person who provides or the Prosecutor or staff of specialized integrated system of research, legal medicine and forensic sciences background about the preparation or Commission of an offence or those who have participated in it. On the basis of the information provided, investigative and procedural measures to confirm it, may be but will not have any probative value, or may be considered by itself sufficient basis for the detention of persons. Article 496.-Joint research.-the Republic of Ecuador in subjection of the rules of international criminal assistance, be able to develop joint research with one or more countries or joint bodies of research to combat transnational organized crime. Article 497.-Mutual legal assistance-the or the prosecutors may request direct assistance to their peers or foreign law enforcement agencies for the practice of criminal prosecutions, expert opinions and research of the offences set forth in this code. This assistance relates among other events, to detention and remission of defendants and accused, receipt of evidence, including bank documents display, inspections of the place, submission of evidence, identification and analysis of scheduled substances subject to control and seizure and confiscation of goods. Also, the Prosecutor may perform actions abroad aimed to gather background about acts constituting a violation, through international criminal assistance. The proceedings indicated will be incorporated to the process, presented and valued in the stage of the trial.

Chapter third means of proof article 498.-means of proof-test media are: 1. document 2. Witness 3. FIRST section the article 499.-rules document expertise General.-the documentary evidence shall be governed by the following rules: 1. you will not force the processed person to recognize documents nor the constant on them signing, but their voluntary recognition will be accepted.

2. the Prosecutor or the Ombudsman, public or private, may require reports on data contained in records, files, including computer scientists, which will be assessed at trial.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 81 3. There will not be another use of correspondence and other documents added to the process as necessary to clarify the facts and circumstances regarding the trial and possible perpetrators.

4 If documents are part of another process or record or lie in a public archive, certified copy of them shall be obtained and will not be added original but when it is essential to record the fact. In the latter case, the copy will be kept in said file, process, or record and satisfied the need to be returned the originals, leaving the certified copy in the process.

5. will be procedural or unofficial use of any data that provide documents if they deal with matters that have to do with the process.

6 all digital content complies with the rules of this code may be accepted in evidence. Article 500.-Content digital-digital content is all computer Act representing facts, information or concepts of reality, stored, processed or transmitted by any technological means given to computer, including programs designed for isolated, interconnected or interrelated technological equipment. The research will follow the following rules: 1. the analysis, assessment, recovery and presentation of digital content stored on devices or systems will be through digital forensic techniques.

2. When is the digital content stored


in systems and memories volatile or equipment technological that form part of it infrastructure criticizes of the sector public or private, is held its collection, in the place and in time real, with technical digital forensic for preserve their integrity, is apply the chain of custody and is will facilitate its rear valuation and analysis of content.

3 when the digital content is stored in non-volatile media, you will be its collection, with digital forensic techniques to preserve their integrity, applies the chain of custody and will facilitate their further assessment and analysis of content.

4. When you collect any physical means that store, process or transmit digital content during an investigation, registration or search, you must identify and inventory each object individually, set its physical location with photographs and a plan of the site, will be protected through digital forensic techniques and being moved by chain of custody to a center specialized for this purpose.

SECOND section article 501-testimony-the witness testimony is the means through which referred to the Declaration of the processed person, the victim and other people who have witnessed the fact or know about the circumstances of the Commission of the criminal offence. Article 502.-rules General.-the test and them elements of conviction, obtained through Declaration, is governed by them following rules: 1. the testimony is valued in the context of all the statement yielded and in relation to them others tests that are presented.

2. it or the judge may receive as test early them testimonies of them people seriously ill, of them physically unable, of who van to out of the country, of them victims or witnesses protected, informants, agents undercover and of all those that demonstrate that not can appear to the audience of trial. In the case of hearing failed, and on which is shown the inability of witnesses to appear to a new signal, the Court, may order the testimony in advance under the principles of immediacy and contradiction.

3. If the person resides abroad, shall be compliant with international or national standards for relief and judicial cooperation. Telematics communication will be established if it is possible.

4. nobody may be called to testify in criminal proceedings against your spouse, partner or relatives to the fourth degree of consanguinity or second of affinity, except in case of violence against women or members of the core family, sexual and gender. Voluntary statements from the victims of an offence or of relatives regardless of the degree of kinship shall be admissible.

5. the children and adolescents will declare without oath, but with the presence of their representatives or a curator who will be appointed and taken possession in the same hearing of the trial.

6. the judge shall appoint and posesionará at the same time a translator when the declarant does not know the Spanish language.

7. If the person that declares is dumb, it or the judge will receive the testimony by written; If not know write, with the help of an interpreter or, to lack of this, of a person accustomed to understand to the declarant, to who are you posesionará in the same Act.

8. the testimonies will not be interrupted, unless there is an objection by the procedural subjects. 9. persons who are called to testify and who are at risk are entitled to the protection provided by the Attorney through the national system of protection and assistance for 82 - supplement - official record No. 180 - Monday 10 February 2014 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 audience of trial, which can give their testimony through technological means or characterization that ensure its integrity.

10. the testimony is practiced in the audience of trial, already is in form direct or through video conferencing, with exception of them testimonies anticipated.

11 or the civil servants who enjoy immunity from national court, can give his testimony by a sworn report.

12. those who give testimony will inform about their names, surnames, age, nationality, domicile or residence, marital status, job or profession, except in the case of the informant, protected witness, undercover agent or person whose integrity is at risk. They will remain in an isolated place, declared individually and separately so that they can not hear each other their statements.

13. at the time of giving testimony, will be sworn in at all how much you know and it is questioned. You will warn you about the penalties which will be sanctioned perjury.

14. the procedural subjects can ask questions or object to them, and the judge must resolve the objection so the person answer them or to refrain from doing so.

15. not be may formulate questions self-incriminating, misleading, loaded or impertinent. 16. not to may be asked leading questions during the interrogation, except when in the case of an introductory question or that recapitulate information already provided by the same declarant.

17 may be leading questions during the against examination. Article 503-Testimony of third parties.-the testimony of third parties will be governed by the following rules: 1. third parties who are not subjects or parts of the process, which are aware of an infringement, will be obliged to appear personally to give his testimony. You can make use of the police force to the attendance of a witness who does not meet this obligation.

2. not statements of persons depository of a secret because of his profession, occupation or function, if these relate to the matter of secrecy will be received. In case of having been convened, they must appear to explain the reason of which the obligation arises and refrain from declaring, but only in what refers to the secret or reserve source.

3. the witnesses or experts will return to declare how many times tells you or the judge in the trial hearing.

4. when there are more than 20 witnesses and expert witnesses, the judge with the procedural subjects will determine how many and who shall stand per day.

5. when there are several testimonies or experts in the same case, testimonies must be sent separately, avoiding them to communicate among themselves, which will remain in an isolated place.

Article 504-Version or testimony of girls, children or teenagers, people with disabilities and older adults.-girls, children or adolescents, persons with disabilities and older adults, shall be entitled to make his appearance before the judge or Prosecutor, in a manner appropriate to its situation and evolutionary development. The fulfilment of this right will be technical elements such as closed circuit television, videoconferencing or similar, only once. The recording of the statement in the trial hearing will be incorporated as proof. Article 505-Testimony of expert witnesses-experts will sustain the results of their surveys orally and will respond to the interrogation and the cross-examination of the procedural subjects. Article 506-Detention of witnesses by false testimony and perjury.- the judge will order the arrest of a witness for perjury or false testimony and must be sent the relevant to the o to the Prosecutor for investigation.

PARAGRAPH the first testimony of the processed person article 507-rules-the processed person may give testimony at the hearing of the judgment, in accordance with the following rules: 1. the processed person's testimony is a means of Defense. 2. the processed person may not be compelled to giving testimony, nor shall be exercised against coercion or threat, nor any means whatsoever to oblige or induce him to give his testimony against their will.

3. If you decide to give the testimony, in no case will be required oath or promise to tell the truth, and can the procedural subjects ask him.

4. the processed person shall have the right to have one or a private or public defender and be advised before giving his testimony.

5. the processed person should be instructed by the judge about their rights. 6. the failure to comply with the rules laid down in paragraphs 2 and 3 will be null Act, without prejudice to disciplinary responsibility that corresponds.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 83 article 508-Version of the person investigated or processed-the person investigated or processed must give his version of the facts, prior notification of his right to remain silent, in accordance with the following rules: 1. never be you obligated, through coercion or threat of physical, moral or any other to declare on matters that might lead to criminal liability or induce it to give version against their will or offers or promises are made him to get his confession.

2 the person investigated or processed shall have the right to have one or a private or public defender and be advised before and during its version.

3 or the Prosecutor may order that version will be extended,


whenever it considers it necessary. Article 509.-No practice test-release if the person investigated or processed, to give his version or testimony, author of the offence, the Prosecutor will not be released from practice test procedural acts tending to prove the existence of the offence and the responsibility of the accused.

SECOND paragraph victim's testimony the item 510.-rules for the testimony of the victim.-reception of the testimony of the victim must follow the following rules: 1. justification prior victim may ask the or the judge will allow giving his testimony, avoiding the visual confrontation with the processed person, via video conference, Gesell Chamber or other means appropriate to the effect , without this prevents the right to the defence and in particular, to cross-examine.

2. the judge must ensure the identity of the person who pays the testimony through this medium.

3. the judge will be available, at the request of the Prosecutor, the private or public defender or victim, special measures to facilitate the testimony of the victim and in particular girls, children, adolescents, older adults or victims of crimes against sexual or reproductive integrity, human trafficking, violence against women or members of the immediate family.

4 or the judge, shall take the necessary measures to avoid any harassment or intimidation the victim, especially in cases of crimes against sexual or reproductive integrity, human trafficking, sexual violence, against women or members of the immediate family.

5. whenever requested to do so by the victim or the or the judge deems it appropriate and the victim accepts it, the testimony will be receptado to the accompaniment of personnel trained in attention to victims in crisis, such as psychologists, social workers, psychiatrists, or therapists, among others. This rule applies especially in cases in which the victim is a child, child, teenager, elderly or disabled person.



THIRD paragraph article 511-rules expertise General.- the experts shall: 1. be professional experts in the area, specialists graduates or with expertise, experience or expertise in the matter and specialty, accredited by the Council of the judiciary.

2 their role in a compulsory manner, for which the expert will be appointed and notified to the charge.

3. the person designated shall excuse is if is found in any of them causal established in this code for them or them judges.

4. them or them proficient not may be recused, however the report not will have value any if the expert that it presents, has reason of inability or excuse, duly proven.

5 submit their reports within the time limit, clarify, or expand 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 expert, description and status of the person u peritado object, the technique used, the scientific substantiation, graphic illustrations where appropriate, the conclusions and the firm.

7 brought the audience of trial and support their reports orally and answer interrogations of the parties, which can use any means.

8. the Council of the judiciary will organize the system expert to level national, the amount that is copper by these proceedings judicial or procedural, may be cancelled by the Council of the judiciary.

There is no person accredited as expert in certain areas, there must be with whoever has knowledge, specialization, expertise or title attesting to their ability to develop expertise. For professional malpractice cases the Prosecutor will request a list of professionals majoring corresponding to the governing body of matter. When the research they involve international experts, their reports may be incorporated as proof, through prospective testimony, or may 84 - supplement - official record No. 180 - Monday, February 10, 2014 be made through video conferences according to the rules of the present code.

Chapter Room rules for LA research of crimes committed through the media of communication SOCIAL Article 512-rules special-for the investigation of crimes committed by means of social communication, the General rules of this code and the special rules provided for in this chapter shall apply. Article 513-Responsibility-the or directors, editors, owners or responsible for a means of social communication for infringement that is judged and respond against him must follow the cause, if it shows no the name of the author, player or Manager of the publication at the request of the Prosecutor. They shall also be responsible when the author of the publication is or is alleged or unknown person. Article 514-remission-them or them directors, administrators or owners of the stations of radio and television, will be forced to send, when it or the fiscal it requires, them films, them videotapes or them recordings of sounds. Otherwise, the process will continue against them. The Prosecutor shall be granted within three days for remission, preventing him from their liability in the event of non-compliance. Article 515.-display prior.-before the exercise of the action criminal, it or the fiscal of trade or to request of the person that is consider affected must require to the or the director, editor, owner or responsible of the medium of communication, to report the name of it or the author or responsible of the written, sending a copy of the same. In other cases you must order in addition to the name, the remission of films, videotapes and recordings mentioned above. Section 516-Transcription of the original-the presentation of the original when the offence is committed by means of broadcasting or television you can replace with a court transcript obtained the recording. Article 517.-Start of the hearing or trial-exhibited the original of the tape or the recording and performed the expertise of relevant, if it's a crime of public exercise of the action, the Prosecutor shall request day and time to bring charges. If is is of a violation of exercise private of the action, the person that is consider affected may present his complaint and is will process as with them rules relevant. Article 518.-Application in offences of private action.-exercise to treat crimes of private action, practice these rules will be applied by the judge competent.

Title V measures precautionary and protection chapter first rules general article 519.-aim-La or the judge may order one or more measures precautionary and protection provided for in this code in order to: 1. protect the rights of the victims and other participants in the criminal process. 2 ensure the presence of the person that is processed in the criminal process, enforcement of the penalty and full reparation.

3. avoid is destroyed or impede the examination of evidence that elements of conviction to disappear. 4. ensure full reparation for the victims. Article 520. Precautionary measures General rules and protection.- the judge may order measures precautionary and protection in accordance with the following rules: 1. the precautionary measures and protection may be ordered in crimes. Protection measures shall apply only in the event of contraventions.

2. in crimes, the judge will have only a substantiated request of the Prosecutor, one or several injunctions. In contraventions, available protective measures ex officio or upon request of a party.

3 or the or the judge will resolve motivated, in hearing oral, public and contradictory way. Be the case, will be considered requests for replacement, suspension and revocation of the measure or provision of surety which is formulated in this regard.

4. to motivate its decision o the judge shall consider the criteria of necessity and proportionality of the measure requested.

5 must be met immediately after having been ordered and it will be notified to the procedural subjects in accordance with the provisions of this code.

6. the interposition of resources not suspend the implementation of measures precautionary or protective measures.

7. in the event of failure to comply with the measure precautionary by the processed person, the Prosecutor will request their replacement by other more effective measures.

8. the judicial officer will monitor compliance with the measures precautionary and intervention of the national police protection.

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Article 521-Hearing replacement, revision, revocation or suspension of the measure precautionary and protection-when new facts which justify it or obtained new evidence proving facts before not justified, the Prosecutor and the Defender public or private, considering it pertinent, ask the judge or substitution measures precautionary by others. Of equal way it or the judge will issue a measure denied previously. Application of the Prosecutor shall be required as regards protective measures. If they disappear the causes that give rise to measures precautionary or protective or if it is true the period provided for in the Constitution, the judge revoke them or be suspended ex officio or upon request of a party.

Chapter second measures precautionary section first measures precautionary for ensure the presence of it person processed article 522.-modalities.-it or the judge may impose an or several of them following measures precautionary for ensure the presence of it person processed and is apply of form priority to the deprivation of freedom: 1. Prohibition of leave is of the country. 2. obligation to appear periodically before the judge who knows the process or to the authority or institution designated by.

3. house arrest. 4. electronic surveillance device. 5 arrest. 6. prison preventive. The judge, in the case of the numerals 1, 2 and 3 of this article, may order, in addition, the use of an electronic surveillance device. Article 523. Prohibition to leave the country.- the judge at the request of the Prosecutor, may dispose the impediment of departure from the country, which will be notified to agencies and authorities responsible for its performance, under legal objections. Article 524.-Obligation to appear periodically before the authority.- the judge may order processing occur to him or to the authority or institution designated by. The official appointed to control the periodic presentation to the authority, obligated must report to the competent judicial authority within forty-eight hours of the day scheduled for the presentation and immediately, if this has not occurred, under penalty of being subject to administrative responsibilities.

Article 525-House arrest-the control of house arrest will be in charge of the or of the judge, who can verify compliance through the national police or by any other means set. The processed person, is not necessarily subject to permanent police surveillance; This may be replaced by regular police surveillance and must necessarily have the use of electronic surveillance device.

Paragraph one momentary apprehension article 526-arrest-any person may apprehend who is caught in flagrante delicto of public practice and deliver it immediately to the national police. Them and them servers of the police national, of the body competent in matter of transit or members of them forces armed, must apprehend to who surprised in crime flagrant e inform them them reasons of their apprehension. In the latter case they shall deliver them immediately to the national police. The or the servants of the national police or the competent authority of transit, may enter a place when they are in uninterrupted persecution, for the sole purpose of practicing the respective apprehension of the person, property or objects area of the flagrant crime. Article 527-Flagrante-means that it is in situation of flagrante delicto, the person who commits the crime in the presence of one or more persons or when is it discovered immediately after its alleged commitment, provided that there is a Chase uninterrupted from the time of the alleged Commission until apprehension, also when you are with weapons, instruments, the product of the illicit , footprints or documents relating to the infringement just committed. Chase uninterruptible if it has been more than 24 hours between the Commission of the offence and the seizure may not be argued. Article 528.-Agents arrest.-no one may be arrested only by agents the law imposes the duty to do so, except in case of flagrante delicto, in accordance with the provisions of this code who. However, in addition to the case of flagrante delicto, any person may grasp: 1. which fugue of the establishment of social rehabilitation, in which it is serving his sentence, detention or pre-trial detention.

2. to the processed or person accused, against whom order pre-trial detention or the condemned is a fugitive has issued.

If the Captor is a particular person, must be immediately to the seized on orders of a police officer.

86 - Supplement - official record No. 180 - Monday, February 10, 2014 article 529-audience rating of flagrancy.-in cases of flagrant infringement, within twenty-four hours since apprehension, took place will be the corresponding oral hearing before the judge, in which the legality of the arrest warrant will be graded. The Prosecutor, if necessary, it will formulate charges and if applicable request measures precautionary and protection that the case warrants and determine the corresponding process.

SECOND paragraph detention article 530-detention-La or the judge, by motivated request of the or of the Prosecutor, may order the detention of a person for investigative purposes. Article 531-Order-arrest ballot shall meet the following requirements: 1. motivation of the arrest. 2. the place and date on which it is issued. 3. the signature of the judge competent. To comply with the arrest warrant that ballot shall be delivered to the national police. 532.-duration article.-in any case the detention to last more than twenty-four hours. The version that take it or the fiscal will be receptada in presence of his advocate public or private. On transit, in the case of offences where there is only property damage, shall not be in any case the detention of motorists. In offences and infringements of traffic, the competent body in the field of transit shall retain vehicles up to seventy-two hours, in order to practice the tecnico-mecanica inspection, with the exception of the immediate reparatory agreements. Met the deadline will be returned immediately to their owners, holders or who legally appropriate article 533.-information on rights. The judge must make sure, that informing the detained person about their rights, which includes knowing clearly the reasons for his arrest, the identity of the authority ordering it, the agents who carried out and those responsible for the respective interrogation. Also it shall be informed of his right to remain silent, to request the presence of one or a private or public defender, and to communicate with a relative or with any person who indicates. The same communication must be a person of confidence indicated the detained person and his public or private counsel.

If the person arrested is foreign, who carried out the arrest shall immediately inform the consular representative of your country or failing that will follow the rules of the relevant international instruments. In all police premises, Prosecutor, Court and public defender must be exposed in visible place and clearly the rights of victims and detainees.

PARAGRAPH third prison preventive article 534.-purpose and requirements-to ensure the appearance of the person processed to the process and the fulfilment of the penalty, the Prosecutor may ask the judge or reasoned way, to order pre-trial detention, provided that the following requirements: 1. sufficient conviction about the existence of a crime of public exercise of the action.

2. elements of conviction clear and precise that the or processing is the author or accomplice in the offence. 3 indications of which it transpires that precautionary measures do not deprivation of freedom are insufficient and that is necessary pre-trial detention to ensure their presence at the trial or enforcement of penalty.

4 that it is an offence punishable by imprisonment exceeding one year. If so, the judge to resolve on remand must take into consideration if the processing failed an alternative measure to the remand given earlier. Article 535.-revocation-it prison preventive is revoke in the following cases: 1. When is have fade them signs or elements of conviction that it motivated. 2. when the person processed has been superseded or ratified his State of innocence. 3. when it produces the expiration. In this case not be may order again the prison preventive. 4. by declaration of nullity which affect such measure. Article 536.-replacement-the prison preventive may be replaced by the measures precautionary established in the present code. Not should be the replacement in them infringements sanctioned with penalty custodial of freedom superior to five years. If is in breach of the measure replacement it or the judge it will leave without effect and in the same Act will order the prison preventive of the processing.

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Article 537.-Special cases.-without prejudice to the penalty to punish the offence, pre-trial detention may be replaced by house arrest and the use of the device of electronic surveillance, in the following cases: 1. when the processed is a pregnant woman and is up to in the ninety days following childbirth. In the cases that the daughter or son to be born with diseases that require special care of the mother, it may be extended up to a maximum of ninety days more.

2. When is the processed person greater than sixty-five years of age. 3. when the processed person present an incurable terminal stage, a severe disability or a catastrophic, high-complexity, rare disease and orphan that does not allow 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 household, house arrest be not met at the home where the victim is located. Article 538.-Suspension-suspend pre-trial detention when the processed person give up bond. Article 539.-unfairness-not is can order the prison preventive, when: 1. is try of crimes of exercise private of the action. 2 case of contraventions. 3 try offences punished with custodial sentences that do not exceed one year. Article 540.-resolution of prison preventive.-the application, revocation, replacement, suspension or review of the prison preventive, will be adopted by it or the judge in hearing, oral, public and contradictory of way motivated. Article 541-Expiration: the revocation of pre-trial detention shall be governed by the following rules: 1. not exceeding six months, in the offences punished with a custodial sentence of up to five years.

2. do not exceed one year, criminal offences punished with a custodial sentence of more than five years. 3. the period so that it operates the expiration shall from the date in which the pre-trial detention order became effective. Handed down the sentence, these terms will be interrupted.

4. for effects of this code, of conformity with the Constitution, is understood as crimes of imprisonment all those sanctioned with penalty custodial of freedom by more than five years and as crimes of prison, them remaining.

5. the pre-trial detention order will expire and shall be without effect if the above deadlines, are exceeded by what the judge will order the immediate release of the processed person and inform the Council of the Judicature of this particular.

6. If by any means, the processed person evades, retards, avoids or prevents its judging by acts aimed to provoke its expiry, that is, for reasons not attributable to the administration of Justice, pre-trial detention order will remain in force and the course of the period of pre-trial detention shall be suspended full.

7. If procrastination produces the forfeiture by acts or omissions of judges, prosecutors, advocates, public or private, experts or staff of specialized integrated system of research, medicine and forensic sciences, deemed that they incur very serious lack and must be punished according to the relevant legal standards.

8. for the determination of the period not be computed the time that elapses between the date of filing of the objections and the date of issue of the rulings on the critical challenges, only when they are denied.

9. the judge in the same Act that declares the revocation of pre-trial detention, considering it necessary to ensure the immediacy of the person with the process, you can have the injunction be periodically presented to the judge or the prohibition to leave the country or both measures. In addition, the use of electronic surveillance device are available.

10. the processed person will not be released to the process or the penalty by the revocation of pre-trial detention, have been made effective and must continue with its proceedings.

It or the fiscal that request the home of a new cause criminal by them same made, accusing another infringement criminal for avoid the expiration of the prison preventive, commit a violation serious of conformity with the code organic of the function Judicial. Article 542.-breach of them measures.-If the person processed violates the measure precautionary not custodial of freedom, it or the fiscal will request to it or to the judge a measure precautionary custodial of freedom. In the case of pregnant women, shall comply with the injunction pending freedom, in separate sections, in detention centres. In the event of default by the processing of protection measures imposed, the judge sent the background to the Prosecutor's Office for the appropriate investigation.

88 - Supplement - official record No. 180 - Monday, February 10, 2014 paragraph fourth bond article 543-object and classification-the bond will be available to ensure the presence of the processed person and suspend the effects of pre-trial detention. The surety may consist of money, policy, security deposit, pledge, mortgage or letter of guarantee issued by a financial institution. The processed person can pay bond with your money or property or of a guarantor. Article 544-Inadmissibility-no. will accept surety: 1. criminal offences where the victims are girls, children or adolescents, people with disabilities or adults or older adults.

2. on offences whose maximum deprivation of liberty exceeds five years. 3. when the person processed for any reason causes the execution of the bond. 4. in crimes of violence against women or members of the immediate family. Article 545.-Procedure-to set the bond will be the following procedure: 1. application for bail will be analyzed and resolved in oral hearing. 2. in hearing mode of the bond will be discussed. 3 if it is pecuniary, is determined the amount of the bond, which will be taken into account the personal circumstances of the procedural subjects, the infringement in question and the damage caused.

4. in cases where the collateral or mortgage bond will be accepted, provided by public deed, the latter shall be entered in the respective registry for free.

5. the form of the surety or guarantor may be replaced prior authorisation of the judge, maintaining the same given amount.

6. the judge admitting bond, which does not meet the requirements prescribed in this code, will respond civil, administrative or criminal proceedings as appropriate.

Article 546.-Forms of bond-the accused may request the following forms of surety: 1. mortgage bond: it must accompany the certificate of the Land Registrar of the canton or district where are located the real estate, free of liens and the corresponding municipal valuation certificate.

2. collateral bond: is should be accompanied by documents evidencing the healthy domain of the movable offered pledge.

3. bond pecuniary: is recorded the value determined by it or the judge, in cash, in check certificate or by means of a letter of warranty granted by an institution financial. The request for their acceptance shall be accompanied by documentation substantiating compliance with the requirements in the law.

4 bond by bond insurance policy: will be a guarantee unconditional, irrevocable and immediate recovery insurance policy, issued by a legally constituted in the country insurance and with the respective authorizations of the relevant body, the beneficiary will be the judiciary ordered the measure.

5 guarantor: In cases in which the bond is proposed by a guarantor, you must submit the relevant certificates showing that he is owner of the goods which can cover the amount of the bond. The person acting as the guarantor must declare address for notifications.

Registrars of property and commercial may not enter new levies on goods that are granted in guarantee in accordance with this code. Article 547-Execution of the bond-the execution of the bond will operate according to the following rules: 1. If the processed person does not appear to the audience of trial, pre-trial detention in accordance with the provisions of this code will be ordered and will run the bond.

2. in cases in which a person who acts as guarantor surety pays and the processed person does not appear to the audience of trial, the pre-trial detention in accordance with the provisions of this code will be ordered and period shall be fixed for the guarantor the present, which may not be more than ten days under penalty of running bond.

If within the specified period the guarantor does not have the processed person, run the bond. Once executed the surety, the guarantor may exercise the actions provided for in the civil law against the guaranteed.

3 made effective bond, the amount will be used to ensure full reparation. There is surplus, is returned to the obligor.

4. the processed person will not be released from the process or the penalty of the bond, have been made effective and must continue with the conduct of the process.

5. If the processed person is acquitted, it is not entitled


the return of values incurred on the occasion of the execution of the bond.

Supplement-record official No. 180-Monday 10 of February of 2014-89 article 548.-cancellation of the bond.-it or the judge cancel the bond and will order its return in them following cases: 1. when it person that acts as guarantor it ask and present to the person processed. 2. when given the order of dismissal or acquittal. 3. by the processed person's death. 4. When is enforceable the sentence that impose a penalty not privative of freedom and is repair of way integral to the victim.

5. When is revoked the resolution of pre-trial detention. 6 is made in the resolution of limitation of the exercise of the action.

Precautionary measures second section article 549.-Forms-the property or the judge may order the following measures precautionary assets of the processed natural or legal person: 1. kidnapping 2. Seizure 3. The retention 4. The prohibition of disposal. Once ordered the measures they shall be compulsory and free of charge in the respective registers. Article 550. Precautionary measures for legal persons- the judge may order one or more of the following measures precautionary: 1. temporary closure of premises or establishments. 2. temporary suspension of activities of the legal person. 3. the public body of competent control intervention. The intervention may suspend prior report of the external auditor. The injunction is prepared by the judge will have priority against any other administrative procedure, even if the latter was started prior to judicial Providence. Article 551.-orders special.-it or the fiscal will request to it or to the judge the adoption of measures precautionary intended to immobilize them goods, funds and others active of property or linked or that are low the control direct or indirect of people natural or legal and is resolved in audience oral, public and contradictory in the term imperative of twenty-four hours. In them crimes against the environment and it nature or Pacha Mama and them cases certain in this code, it or the judge, of be from, will order the seizure, the disqualification or the destruction of machinery heavy, that by their nature cause damage environmental or of difficult mobility. Article 552.-Orders special in the crimes of terrorism and its financing.-in crimes of terrorism and its financing, the prosecutor ask the or the judge, measures are available precautionary in the case of natural or legal persons identified as individual terrorists, groups or terrorist organizations or persons acting on their behalf or under his direction contained in the general list of the Security Council of the Organization of United Nations. The judge, following due process, it shall order the measures precautionary verifying if the person or entity is on the list designated and shall order detention or freezing under the first paragraph of the preceding article. For the compliance of the measure will notify to them institutions corresponding and organisms of control and supervision financial, as well as to the Ministry guiding of the political outside to put in knowledge of the Council of security of them Nations United. For compliance with this provision, without prejudice to that refer to other authorities, guiding the Foreign Ministry will send the list of persons designated by the Security Council of the Organization of United Nations, to the or to the Prosecutor and the organisms linked to the fight against money laundering, terrorism and its financing. Article 553. Entry into force of the measures precautionary dictate in the crimes of terrorism and its financing.- the judge will lift measures precautionary in the crimes of terrorism and its financing, at the request of a party, exclusively in cases that have been handed down on the property, funds and other assets of a homonym or when goods funds and other assets which has given on them is, are not owned or are not related to the person or entity constant in the list referred to in the preceding article. The lifting of the measures address the judge precautionary in designated cases, it shall notify the governing Ministry of foreign policy push to the attention of the Security Council of the United Nations. Article 554.-Amount-all the precautionary measures of character real covers goods sufficient values to guarantee the obligations of the processed person, that will be fixed with equity by the judge at the time that order the respective measure.

90 - Supplement - official record No. 180 - Monday, February 10, 2014 article 555.-precautionary measures on goods in judgement.-in any case in which a person processed goes to trial, the judge will have the prohibition of transfer and retention of accounts if before it has not done so, for an amount equivalent to the value of the fine and the reparation of the victim. Article 556-Ban temporary: the or the judge may order the temporary prohibition of transfer, convert, transfer or move funds, assets, investments, shares, shares, property or custody or temporary them control, which will be delivered to the competent authority, for its custody, guard and conservation-temporary until a final judicial decision. Article 557-Seizure- or the judge at the request of the Prosecutor, may order the seizure in accordance with the following rules: 1. the judge shall order that the public entity created for the purpose, is the competent, to deposit, custody, protection and administration of property and other values.

Goods and values seized within criminal proceedings for offences of production or illicit trade in scheduled substances subject to control, money laundering, terrorism and its financing, will be delivered in deposit, custody, protection and administration to the competent body in the field of scheduled substances subject to control.

2. the Administration will cover 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 person.

3. the Administration, prior to the expert appraisal, will sell at public auction, the movable property of the person that is processed until final judgment is made. Immediately after the sale, will indicate the money in an account that is enabled by the State for this purpose. The full proceeds of this sale more interests will be returned to the processed person where be ratified his innocence.

4. the seizure will be maintained until the judge issues the final resolution. 5. in the event that ratifies the person his innocence, will be returned goods that are under temporary administration.

6. once handed down the conviction, in the case of offences of money laundering, terrorism and its financing, trafficking in persons, smuggling of migrants and offences relating to scheduled substances subject to control, all property, funds, assets and products that come from these, which have been seized, will be transferred directly to state-owned and can be sold if necessary.

THIRD chapter measures of protection article 558.-Forms-the protection measures are: 1. ban the processed person go to certain places or meetings. 2 prohibition to the processed person from approaching the victim, witnesses and certain persons, in any place where they are located.

3 prohibition to the processed person perform acts of persecution or intimidation the victim or members of the immediate family by itself or through third parties.

4. extension of a ballot of aid in favour of the victim or members of the family in the case of violence against women or members of the immediate family.

5. order of departure of the person processed housing or purple, if coexistence is a risk to the physical, mental or sexual security of the victim or witness.

6 I returned home to the victim or witness and simultaneous output of the processed person, when in the case of a common dwelling and is necessary to protect the personal integrity of these.

7 deprivation to the processed person from the custody of the child victim, child or teenager or person with disability and in case if necessary appointment to a suitable person as her guardian, tutor or curator or curator, the standards specialist in childhood and adolescence, or civil law, as appropriate.

8 suspension of permit possession or carrying of weapons of the person processed if present or retention of the same.

9. order the respective treatment which the processed person or the victim and children under eighteen years of age, must have if it is the case.

10. immediate suspension of the polluting activity or that is affecting to the environment when there is risk of damage to people, ecosystems, animals or nature, without prejudice to what may order the competent authority on environmental matters.

11 eviction order, to prevent encroachment or illegal settlements, to which must count with the help of the security forces.

Measurement of eviction may also be ordered and practiced by the intendant of police, when it comes to its knowledge that an invasion is being perpetrated


Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 91 or illegal settlement, and shall immediately inform the Prosecutor start the appropriate investigation.

12. When is try offences of violence against the woman or members of the core family, besides them measures precautionary and of protection planned in this code, it or the judge set simultaneously a pension that allow it subsistence of them people handicapped by the aggression of conformity with it normative on the matter, unless already have a pension.

In the case of offences related to violence against women or members of the family nucleus, crimes of sexual and reproductive integrity and integrity and personal freedom, human trafficking, the Prosecutor there merits, urgently ask the or to the judge, the adoption of one or more measures of protection for the victims, who immediately must have them. In the case of contraventions of violence against women or members of the immediate family, the judge merits, exist will have immediate one or several measures mentioned in the preceding paragraphs. Them members of the police national must dispense help, protect and transport to them victims of violence against the female or members of the core family and develop the part of the case will be referred within them twenty-four hours following to the authority competent. Article 559.-Use of electronic devices-to ensure the effective implementation of the above-mentioned measures, the judge will have the help of the national police and in the case of paragraphs 2 and 3 of the preceding article, may order the processed person the use of electronic devices. Deemed necessary and at the request of a party, are available the use of these electronic devices in favour of the victim, witness or other participant in the process. In turn, you may request entry of the same to the national system of protection and assistance to victims, witnesses and other participants in the process, even when the or the Prosecutor does not have it previously.

Title VI procedure chapter first standards general article 560-orality-the procedural criminal system is based on the principle of orality that develops at the hearings provided for in this code. Must contain or reduce to written: 1. it denounces and the accusation particular. 2. the records of investigative actions, the parties or police reports, expert reports, versions, anticipated testimonies, testimony on oath and proceedings of other proceedings.

3. the minutes of hearings. 4. cars final provided that they not handed down in hearings and statements. 5. filing of resources. Article 561.-Content of the minutes-the minutes of the hearing proceedings are summary and contain only the relevant part. No hearing shall be transcribed verbatim but must include the ruling by the judge more accurately. The Council of the judiciary will be a file by the appropriate technical means of all hearings conducted. Article 562.-advertising of them hearings-the hearings are public in all the stages procedural. Are reserved them hearings on crimes against the integrity sexual and reproductive, violence against the woman or member of the core family and against the structure of the State constitutional. Article 563-Hearings-the hearings shall be governed by the following rules: 1. be held in the cases provided for in this code. I should not the audience, you can carry out, will be procedural consistency. They may be suspended prior justification and by decision of the judge.

2. are public, with the exceptions established in this code. The deliberation is reserved. In any case the hearings may be recorded by means of social communication.

3. are governed by the principle of contradiction. 4 installed hearing, the judge will grant the floor to allow and open discussion about issues that are eligible. If there is an order to review the lawfulness of the detention, this point will always be the first to be addressed.

As a general rule, the or the prosecutors and the or the private or public defenders are entitled to submit free-form their proposals, interventions, and livelihoods.

5. it will be addressed so motivated at the same hearing. People will be notified with the only oral pronouncement of the decision. The sentences will be reduced to writing, and it will be notified within a period of ten days. Deadlines for challenges of judgments and final cars not dictated in the audience will be the notification in writing.

6. the official language is Spanish, not be able to understand or express it with ease, the processed person, victim or other involved, will be assisted by one or a translator appointed by the judge.

7. the processed person, victim or other parties, in case of not being able to hear or understand orally, will be assisted by an interpreter appointed by the 92 - supplement - official record No. 180 - Monday 10 February of 2014 judge, who can use all the mechanisms, means and alternative forms of communication visual, auditory, sensory and others allowing its inclusion in the criminal process. The foregoing does not prevent to be accompanied by an interpreter of his confidence.

8. to the home of each audience it or the judge will have that is check the presence of the subject procedural indispensable for its realization and, of be the case, will solve issues of type formal.

9 or the judge will handle the discipline at the hearing, it may even limit the income of the public by capacity or room security, 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 will be the presence of the judge, the or the private or public defenders and the Prosecutor. Procedural subjects have the right to intervene on their own or through public or private proponents. In the case of legal persons of public law, audiences can go the legal representative, delegates or the judicial counsel or advocates.

11 may be the audience of trial without the presence of the processed person, except for the cases provided for in the Constitution of the Republic.

12 if there is the audience of trial by absence of the processed person or its supporters, i.e. for reasons not attributable to the administration of Justice, such absence shall suspend full throghout the revocation of pre-trial detention periods to date which can effectively perform trial hearing. The above, without prejudice to the necessary procedural record with respect to the suspension in each case.

13. actions and requests of the procedural subjects that arise before the or the judges, will be released in concentrated form.

14. If the processed person is fugitive, after determined the evaluation stage and preparatory trial, the judge will suspend the initiation of trial phase until the processed person is detained or is physically present on a voluntary basis.

15. If there are several the persons prosecuted and are prófugas and other present, will be suspended for the start of the trial in the first and continue with respect to the latter.

Article 564.-address of them hearings.-all them hearings planned in this code is will develop low it address of it or the judge, who will act in accordance with them following rules: 1. control the activity of them subject and others parts procedural and plan the time, depending on the objective and of them requirements of the case, the audience and the duration of the process.

2. avoid them delay or interventions repetitive e impertinent, may interrupt to the parties to request clarifications or direct the debate.

3. both the interventions as the decisions should go in language understandable, clear, concrete and intelligible. 4. all the decisions should take is in the same audience. Article 565.-Telematic hearings or other similar means.-when for reasons of cooperation international, security or use procedural and in those cases in which appearance who should intervene at the hearing, prior authorisation of the o is impossible the judge, her diligence will be implemented through communication telematics or videoconference or other similar technical means, in accordance with the following rules : 1. the communication of audio and video device will allow the or to the judicial officer to observe and establish oral and simultaneous communication with the processed person, the victim, the private public defender, the Prosecutor, expert or witness. They will be processed person to hold talks in private with his advocate or advocate public or private.

2. the communication must be real, direct, and accurate, both image and sound, among whom are presented through these media and the or the judges, the parties attending the hearing and procedural.

3. the judge shall take the measures that are indispensable to ensure the right to a defence and the principle of contradiction.


Telematic hearings may be attended by the public, except in cases where there is a measure of restriction on advertising. Article 566.-measures of restriction-it or the judge may order to request of part, an or more than them following measures of restriction: 1. hearings closed to the public and to the press, in them cases provided in this code. 2 imposing procedural subjects, and anyone who comes to the hearing, maintain book about what they see, hear or perceive.

3. reservation of identity on personal data of the subjects third, procedural or other participants in the process.

4. request the measure must explain the reasons for your request before the judge, who will decide on their origin at the same hearing.

Article 567.-Implementation of the measures of restriction- the judge may, exceptionally, order one or more measures of restriction provided that does not threaten supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 93 against the rights of procedural subjects and in accordance with the principle of necessity, when: 1. is exposed to psychological damage to girls , children or adolescents that are involved in the process. 2. is threatened the impartiality or is endangered or the judge, victims, witnesses, experts and other participants in the process.

3 it's offences linked with organised crime, terrorism and its financing, trafficking in persons, trafficking in migrants, production or illicit large-scale controlled listed substances, trafficking in arms, ammunition and explosives, money laundering, murder and kidnapping.

Article 568.-Suspension and break-the audience may be suspended so motivated, if the or the judge considers it necessary, for a better development and fulfilment of the objectives of the process. For this purpose, the judge shall designate new day and time for their resumption, which must be carried out within one period not exceeding five days from the date that the hearing is suspended. If the audience is prolonged excessively, or the judge shall order that he be suspended and will be continued the next day, to complete it. The judge, for the same reasons outlined above, may order a recess of up to two hours, provided that the hearing resumes today. Article 569.-Objection-the parties may object based actions that violate the principles of due process, such as: 1. presentation of evidence that have been declared illegal. 2. presentation of witnesses makeshift or of last time. 3. comments related with the silence of the person processed. 4 realization of questions self-incriminating, captious, composed, impertinent, repetitive, disrespectful, vague or ambiguous, those that are outside of the sphere of perception of the witness, suggestive except in cross-examination; opinions, conclusions and speculations, except in cases of experts within the area of their expertise.

5. comments relating to the previous behavior of the victim. Presented the objection, it or the judge it will accept or deny and will resolve if the declarant the answers or is refrains of do it. Article 570.-Special rules for the prosecution of the crime of violence against women or members of the family-in prosecuting crimes of violence against women or members of the family the following rules shall apply: 1. the guarantees criminal judges are competent. 2 involved prosecutors, defenders and specialized public defenders. 3. the victims are eligible for the national system of protection and assistance for victims, witnesses and other participants in the process, before, during or after criminal proceedings, whenever conditions so require.



SECOND chapter excuses and objection article 571-challenge competition.-Parties to any procedural time may challenge competition. In case of incompetence because of the personal jurisdiction, territory, or grades, the judge shall record immediately to the appropriate judicial body to substantiate the process. Article 572.-Causes of excuse and disqualification-are causes of excuse and disqualification of the or the judges, the following: 1. be spouse, partner in union of fact or relative within the fourth degree of consanguinity or second of affinity of some parties, his legal representative, his representative or his defenders.

2. be creditor, debtor or guarantor of any of the parts, except when is of them entities of the sector public, of the institutions of the system financial or cooperatives. It leads to the excuse or objection established in this paragraph only when stating the credit by public document or private document recognised or registered, prior to the trial date.

3 have trial with any of the parties or have had within the two-year precedent if the trial is civilian and five years if the trial is criminal. The same rule shall apply in the event that the trial is with your spouse, partner in union in fact or relative within the fourth degree of consanguinity or second of affinity.

4. having personal interest in the case by being your business, your spouse, partner in union of fact or relatives within the fourth degree of consanguinity or second of affinity.

5. be recipient, grantee, employer or partner of any of the parties. 6 fail in another instance and in the process the question that is vented or another related with it. 7. intervene in the process such as part, representative legal, proxy, judge, Defender, tax, accusing, expert, witness or interpreter.

94 supplement - official record No. 180 - Monday 10 February of 2014 8. You have intimate friendship or enmity manifested some procedural subjects. 9 be punished, fined, or sentenced in costs in the cause he knows, should the penalty be imposed by another judge.

10 having link with the parties, the victim or his defenders by economic interests. 11 give advice or express his opinion about the cause. 12. do not substantiate the process in the time designated by the law three times. Insofar as they are applicable, the prosecutors must excuse themselves to the superior prosecutor or may be separated from the knowledge of the process for the same reasons determined with respect to the judges. The or the judges and prosecutors will present their excuses with an oath.

Chapter third deadlines and timetables Article 573.-deadlines-for the processing of criminal proceedings and the practice of procedural acts are working all the days and hours, except in regards to the interposition and justification of resources. Deadlines will be posted the notification made at hearing, except in the cases provided for in this code. Article 574.-Rules-the proceedings will take place according to the following rules: 1. the actions corresponding to the pretrial and trial research may be carried out at any time. Accordingly, are working every day and hours for that effect.

2. the hearings will take place within the judicial timetable established by the Judicial Council. The judge may authorize, by a duly motivated decision, the completion or continuation of a hearing outside of court hours, where the particular circumstances of the case justify it.

3. the hearings of formulation of charges arising in cases of flagrant infringement, must be carried out strictly respecting deadlines expressly determined in this code. May make it out of the schema judicial.

4. the Council of the judiciary will ensure that for the case of infractions flagrant, the justice criminal will operate them twenty-four hours of the day, them seven days of the week. For the effect, shall establish a system of shifts or mechanisms efficient that ensure the presence immediate of them subject procedural.

Chapter fourth notification article 575.-notification-them notifications is governed in accordance with them following rules: 1. When is convene to the celebration of an audience or is forward a pending special, must notify is unless with seventy and two hours of anticipation to them parts, witnesses, experts and others people that will speak in it performance, except in them cases of crimes flagrant.

2. in the case of does not appear at the hearing despite being fact citation or notification, shall be effected, unless the absence is justified by unforeseen circumstances or force majeure. In this case the notification is means made to the moment of accepting the justification.

3. the cars definitive is be notified to them subject procedural in the respective audience. The people is considered to be notified with the only pronouncement of the decision of it or the judge.

(4. them notifications of orders, resolutions and judgments registered between electronic, is shall comply with attending to the following rules: to) is will favor the use of them means electronic and telematic. (b) is held in the home electronic that the user determines. (c) is deemed made when is available in the box of destination. (d) is will indicate in the communication electronic that in the unit judicial will be to disposition of the interested them copies of the performance respective.

(e) when should practice is accompanied of


issued documents on paper or electronic notification, when impossible is by written communication which will be delivered in person, will be sent to the Court square, by certified mail or any other suitable means which indicate the parties or legally established.

5. the Coordinator or coordinator of the judicial unit must keep track of notifications made both in audience and outside, which may use the appropriate technical resources.

Article 576-Copies-procedural subjects shall have the right to request copies of records of proceedings and criminal prosecutions, records of hearings of the judicial rulings and in general of the dossier, except that will have the character of quiet, judicial orders and record overall. The copy will always be electronic, but need to supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - justified 95 physical copy, in this case the Coordinator of the legal unit shall issue certified copy, at the expense of the applicant.

Chapter fifth record and registration article 577.-record-all process will be assigned with a unique file number from the moment in which the Attorney has knowledge of the Commission of an offence. The number will be the same in all the instances Court. Article 578-classes-the record is physical and electronic. The physical file will contain all the documents that must be reduced to writing and records of the preparation of the oral proceedings, but not the contents of the same. The electronic file archive all documents which may be transmitted electronically and all proceedings that have been reduced to writing or which are received in writing, which are scanned. Electronic records of all processes will be managed in a same database online in charge of the Council of the judiciary. Article 579.-Electronic record of procedural acts-the electronic register will take place in accordance with the following rules: 1. sit electronic reason of all proceedings, proceedings and hearings, corresponding to each stage of the proceedings.

2 will use the technical resources suitable for registration and reliable reproduction of the proceedings so that are within reach of the procedural parts of preference digital recordings and electronic communications.

3. all hearings shall be recorded entirely by any means of digital recording, preference video and a digital file obtained records will be maintained.

4. at the end of an audience will sit a reason indicating the number of record, date, place, name of the procedural subjects, the duration and the decision taken, all of which will be entered along with registration of the physical and digital record audiences.

5. conservation and the record are the responsibility of the Attorney during the preliminary investigation and tax statement. The judicial server responsible for management and custody of records of the legal unit is responsible for from it. Once completed the trial and exhausted resources, if any, digital and physical record will be retained in the general archives of the Court, with the exceptions provided for in the law.

Title VII procedure ordinary chapter first phase of research prior Article 580.-purposes.-in the phase of research prior is meet them elements of conviction, of charge and of download, that allow to it or to the fiscal decide if formula or not the imputation and of make it, will make it possible to the investigated prepare his defense. The inquiries by the or the Prosecutor, with the cooperation of the staff of specialized integrated system of research, legal medicine and forensic sciences or the competent personnel in transit, shall be intended to determine if the investigated conduct is criminal, the circumstances or the perpetration, the identity of the author or participant and the victim's mobile , the existence of the damage, or in turn, dismissed these aspects. Article 581.-Forms of know it infringement criminal.-without prejudice of that it or the fiscal start it research, it news on an infringement criminal may get to your knowledge by: 1. denounces: any person may denounce the existence of an infringement before the Prosecutor, police national, or personal of the system integral or authority competent in matter of transit. Which directly will be immediately to the attention of the Prosecutor's Office.

2 monitoring reports: monitoring reports that the supervisory bodies must be sent to the Prosecutor's Office.

3. judicial rulings: cars and sentences issued by the or the judges or courts. For the exercise of criminal action, on charges of embezzlement and illicit enrichment, it constitutes a budget procedure that there is a prior report on evidence of criminal liability, issued by the Comptroller General of the State. Article 582.-Version before it or the fiscal.-during it research, it or the fiscal responsive versions in accordance with the following rules: 1. it or the fiscal will identify to them people that can clarify them made and will hear his version without oath.

2. in the case of determine their domicile or place of work, you will be notified by any means and in breach of the second notification, his appearance with the help of the security forces will be ordered.

3. at the end of the version, it will warn you of your obligation to appear and testify at the hearing of the trial, and to communicate any change of domicile or place of work.

96 supplement - official record No. 180 - Monday 10 February 2014 4. To prevent you, the person who makes the version expressed inability to attend the audience of trial, for having to leave abroad or for any reason which makes it impossible to its concurrence, the Prosecutor may request or the judge received their anticipated testimony.

5 or the Prosecutor shall record the contents of the version. Article 583-Urgent fiscal actions.-in cases of exercise public or private of the action that is required to obtain, keep, preserve evidence or prevent the consummation of a crime, the Prosecutor may carry out urgent acts and when it requires judicial authorization will be requested and grant by any means ideal as fax, e-mail, telephone call, among others which shall be recorded in the tax file. Article 584.-The research reserve. The actions of the public prosecutor, the judge, the personnel of specialized integrated system of research, legal medicine and forensic sciences, the national police, and other institutions involved in the previous investigation, will remain in reserve, without prejudice to the right of the victim and persons which is investigated and their lawyers to have immediate access effective and sufficient research, when they so request. When the staff of the above-mentioned institutions, experts, translators, interpreters, who have intervened in these proceedings, disclose or endanger in any way the outcome of the investigation, or disseminate them, attempting against the honour and good name of people in general, will be punished according to the provisions of this code. Article 585.-Duration of the investigation-preliminary investigation shall not exceed the following deadlines from the date of inception: 1. criminal offences punished with a custodial sentence of up to five years will last up to one year. 2. in the offences punished with a custodial sentence of more than five years it will last up to two years. 3. in cases of disappearance of persons, not be may conclude the investigation until the person appears or count with the necessary elements to formulate an imputation for the corresponding offence, date from which the limitation periods will begin.

If the Prosecutor considers that the Act does not constitute a crime or does not have the sufficient conviction to bring charges may be terminated the investigation even before the fulfillment of these periods, through the requirement of file. Article 586.-File.-after the deadlines indicated, do not have the necessary elements to bring charges, the Prosecutor, within ten days, request the file of the case, without prejudice to request reopening when there are new elements provided that the action is not prescribed.

The Prosecutor will ask the judge or file the research when: 1. exceeded deadlines designated for research, not sufficient for the formulation of charges has been obtained.

2. the researched fact does not constitute a crime. 3. There is some insubsanable legal obstacle to the start of the process. 4. the other laying down the provisions of this code. Article 587.-Procedure to file-tax file is determined according to the following rules: 1. file a decision will be based and requested


or the judge of criminal guarantees. The judicial officer communicated to the victim or complainant and the respondent at the designated address or by any technological means to speak out in within three days. Expiry of this period, the judge will resolve accordingly without audience. If you choose to accept it, it will declare the file of the investigation and any merits, will qualify the complaint as malicious or reckless. Not being in accordance with the request of file, the judge sent the proceedings in consultation or Prosecutor upper so ratify or revoke the file request. If it is ratified, it is filed, if it is revoked, will designate a new Prosecutor to continue with the investigation.

2. the decision of the judge shall not be subject to challenge. Article 588.-person with symptoms of disorder mental-if the person investigated or processed shows symptoms of disorder mental, it or the fiscal will order its immediate recognition, for whose end shall appoint to an expert medical psychiatrist, who will present his report in a term determined. This report will depend on the start of the instruction, the continuation of the process or the adoption of safety measures, according to the case.

SECOND chapter stages of procedure article 589-stages-the ordinary procedure is developed in the following stages: 1. instruction 2. Assessment and preparatory trial 3. Trial section first instruction article 590.-purpose.-the stage of instruction has by purpose determine elements of conviction, of charge and download, that allow formulating or not an accusation against the person processed.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 97 Article 591-statement.-this stage begins with the audience of formulation of charges called by the judge at the request of the Prosecutor, when the Prosecutor has sufficient elements to infer an imputation. Article 592.-duration-in the formulation of charges hearing the Prosecutor will determine the time of duration of the instruction, which may not exceed the maximum period of ninety days. There is sufficient merit, the Attorney may declare instruction concluded before the expiration of the time limit set in the audience. Exceptions to this time limit are as follows: 1. in transit offences instruction will be completed within the maximum period of 45 days. 2. in all flagrante delicto instruction will last up to thirty days. 3. in the direct procedures. 4. when there is bonding to the instruction. 5. where there is reformulation of charges a. In any case a tax statement may last over one hundred and twenty days. In crimes of transit not can last more than seventy and five days and in crimes gross more than sixty days. Will not have any value practiced after the prescribed proceedings. Article 593-Bonding to the instruction-if data that presumed the authorship or the participation of one or several persons made the statement object, even before the expiration of the term of the fiscal statement, the prosecutor asked its link to the instruction. The hearing will take place in accordance with the General rules, will take place within one period not exceeding five days, with the direct participation of the person or persons to be bound or with the private or public defender. Performed or linkages, the instruction deadline will be extended in thirty days extended. Article 594.-rules-the stage of instruction is take place as with them following rules: 1. when it or the fiscal count with them elements enough, prompted to it or to the judge, convene to the audience of formulation of charges.

2. the judge, within twenty-four hours, designated day and time for the hearing, which must be carried out within five days of the request, except in cases of flagrante delicto and notify the procedural subjects.

3. the Prosecutor must exhaust all the means which enable the identification of the domicile of the person under investigation.

4 or the Prosecutor at hearing, will formulate charges when there are elements about the existence of the infringement and the participation of the person in the researched fact.

5. in the formulation of charges hearing must appear the Prosecutor, the processed person or his advocate or advocate public or private.

6. in this Court, if the processed person considers relevant may request application of the abridged 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 audience with the instruction and any decisions taken therein.

The entire contents of the hearing shall be recorded in the record and by any technological means. Article 595.-Formulation of charges.-the formulation of charges shall contain: 1. the individualization of the person that is processed, including their names and address, if known.

2. the lengthy relationship of the relevant facts, as well as the offence or criminal offences which he is charged.

3 elements and the research results that serve as the legal basis for the charge.

The request seeking precautionary measures and protection, outputs alternatives to the procedure or any other order that does not affect the due process.

Article 596-Reformulation of charges-if during the stage of instruction, the results of the investigation do justifiably vary the legal classification of the allegation made in the formulation of charges, the Prosecutor shall request or the judge, hearing to encourage the reformulation of charges. Performed the reformulation, the period of instruction will increase by thirty days extended, unless the Prosecutor to apply for a new reworking. Article 597-Investigative activities at the instruction-procedural subjects shall enjoy freedom to obtain the elements underpinning its claims subject to the principles of due process, which can exercise all the investigative activities and use the means test, with the restrictions set forth in this code. The processed person may submit to the or the fiscal elements of defence deemed appropriate for his defence; thus also the victim may ask the or to the Prosecutor the procedural acts deemed necessary to verify the existence of the crime. If warrant is required to obtain them, the Prosecutor will get the or of the judge.

98 supplement - official record No. 180 - Monday, February 10, 2014 Article 598.-Faculty of order know-how and proceedings-in instruction, any procedural subjects may request or the Prosecutor having the practice of the skills that are necessary to obtain the elements of conviction. Article 599.-Conclusion of the instruction-instruction completed by: 1. the deadline determined in this code. 2. fiscal decision, when the Prosecutor considers has all the elements to conclude the instruction, even before meeting the deadline, provided there are no petitions pending of the processed part.

3. decision judicial, when after the term, the or the tax not has concluded the instruction. Article 600.-opinion and abstention fiscal.-completed the instruction, it or the fiscal will request to it or to the judge point day and time for the audience of evaluation and preparatory of trial, which will be convened in a term not greater to five days and is shall be in a term not greater to fifteen days. Of not accuse, will issue its opinion duly informed and will be notified to it or to the judge so has its notification to them subject procedural. In the case of an offence punishable by imprisonment of more than fifteen years or at the request of the Special Prosecutor, the Prosecutor will raise abstention in inquiry or the Prosecutor of superior, ratified or revoke, within a maximum period of thirty days, which will be brought to the knowledge of the judge. If the Prosecutor than acquitting the inquiry confirms the abstention, will immediately forward the record to the judge or so that it dictate the proceedings within a maximum period of three days when there is a person deprived of liberty, if not dictate it within the period of up to ten days. In the same car, revoke all measures precautionary and given protection. If the or the superior prosecutor revoked the abstention, designate another Prosecutor to employed the accusation in the hearing, which shall be carried out within five days of received the record. If the Prosecutor issued an accusatory opinion for some and abstentivo for others prosecuted, with respect to the abstention, it must raise to consultation in accordance with the provisions of this article. And on which is resolved to accuse, ask the judge or designate date and time for the hearing of evaluation and preparatory trial.

SECTION second stage of assessment and preparatory trial article 601.-aim-has as purpose meet and resolve issues of procedure, prejudice, competence and procedure; set


the validity of procedural, assess and evaluate the elements of conviction in that is supported the prosecution of fiscal, exclude the elements of conviction which are illegal, delimit the issues discussed at the oral proceedings, announcing the tests that will be carried out in the audience of trial and approve the evidentiary agreements to become parties. Article 602.-Rules-the evaluation stage and preparatory trial is based on fiscal charges and substance complies with the following rules: 1. the Prosecutor shall ask the or the judge set day and time for the hearing. 2. the date and time for the hearing, pointing will be within the five days following the tax request. The hearing is held in a term not greater to them fifteen days following to the notification.

3. If the Prosecutor does not request the hearing within the respective deadlines, the judge, ex officio require or to the Prosecutor who revealed his decision and shall inform the Council of the judiciary for that omission.



FIRST paragraph article 603.-fiscal charge.-the fiscal accusation trial preparatory hearing shall contain clear and precise: 1. the concrete identification of the person or persons accused and their level of participation in the infringement. 2. the relationship clear and concise of those made attributed of the violation in a language understandable. 3. the elements in which the accusation is founded. If there are several defendants, the Foundation should refer individually to each of them, describing the acts in which participated in the infringement.

4. the expression of the legal rules applicable to the fact that accused. 5. notice of evidence that the Prosecutor will sustained his indictment at the trial. 6. If is offers yield test of witnesses or experts, is present a list identifying them. 7. the request for action precautionary or protection not laid down until the time or ratification, revocation or replacement of those arranged in advance.

The only prosecution can refer to facts and people included in the formulation of charges. Article 604-Hearing preparatory trial.-for the conduct of the preparatory hearing of the trial, they will continue as well as the common rules laid down in this code, the following audiences: Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 99 1. Installed the audience, the judge will ask the procedural subjects in deciding on formal defects with respect to the proceedings theretofore procedural; If applicable, they will be corrected in the same hearing.

2. the judge shall rule on questions relating to the existence of requirements of procedure, rulings, competence and procedural issues that may affect the validity of the process. Be declared invalid whenever it may influence the decision of the process or cause helplessness. All omission makes responsible to them or them judges that in she have incurred, who will be sentenced in the coasts respective.

3. it or the judge will offer the word to it or to the tax that will expose them fundamentals of his accusation. Then accusing particular, intervene or if any and the advocate public or private person processed.

4 after the intervention of the subjects due process, if there is no procedural defects affecting the procedural validity, will continue the hearing, to which the Parties shall: to) announce the totality of the evidence, which will be presented at the hearing of the trial, including those intended to fix the reparation to which you can listen to the victim, formulate requests to , objections and proposals that they consider relevant concerning the supply of test carried out by other actors.

(b) in no case it or the judge may impose the practice of testing of trade. (c) request the exclusion, rejection or inadmissibility of evidence, that aimed to prove notorious facts or that otherwise do not require proof.

The judge will reject or accept the objection and in the latter case declare evidence are ineffective procedural hitherto; It will exclude the practice of illegal test means, including those who have obtained or practiced with violation of the formal requirements, norms and guarantees set out in the international instruments of protection of human rights, the Constitution and the code.

(d) 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 attendance of experts so that they give testimony about the reports.

5 completed interventions of the procedural subjects the judge communicated accordingly verbally present their resolution to be considered notified at the same time. The recording of performances and exhibitions made at the hearing will be preserved.

The Secretary shall develop under his responsibility and his signature, the summary of the hearing, which will collect the alternative special procedures of the ordinary proceedings that has been applied, the identity of the witnesses, incidents, allegations and the resolution of the judge.

Dismissal article 605-dismissal-the second paragraph or the judge will give auto's dismissal in the following cases: 1. when the Prosecutor to refrain accusing and of being the case, the decision is ratified by the superior. 2. when concluded that the facts did not constitute a crime or that the elements in which the Prosecutor has sustained his indictment are not enough to presume the existence of crime or involvement of the processed person.

3. When you find that causes of exclusion of the provisions have been established. Article 606.-Rating of the complaint and the indictment- the judge at the dismiss qualify motivated as recklessness or malice of the complaint or the private prosecution. He sentenced for recklessness will pay legal costs, as well as the reparation that corresponds. Where the judge grade of malicious complaint or indictment, the defendant or the or the respondent obtained the dismissal may initiate the respective criminal proceedings. Article 607.-effects of dismissed.-with the dismissed, it or the judge revoke all measure precautionary and of protection, and for prison preventive, will order the immediate freedom, without prejudice of that again to sort it if the auto of dismissal is revoked. A criminal investigation by the same facts cannot be started.

PARAGRAPH third appeal to trial article 608-appeal a. judgment-judgment call motivated resolution will include: 1. the identification of the defendants. 2. the determination of the facts and the crime accused by the Prosecutor, as well as the degree of participation established in the fiscal accusation, the specification of the evidence underlying the decision, quotation and relevance of applicable legal and constitutional standards.

3. the implementation of measures precautionary and not given protection until the time or ratification, revocation, modification or replacement of them, arranged in advance.

100 supplement - official record No. 180 - Monday 10 February 2014 4. Evidentiary agreements they have agreed procedural and approved by the judge subjects. 5. the statements contained in the car's appeal to trial will not have irreversible effects on the trial.

6. the minutes of the hearing, together with evidence advances, are the only ones sent to court and the record will be returned to the or to the Prosecutor.

SECTION third stage of trial installation first paragraph


Article 609-Necessity accusation.-the trial is the main stage of the process. It is a substance on the basis of the fiscal accusation. Article 610.-Principles-trial will govern, especially the principles of orality, advertising, immediacy and contradiction in the probationary performance. Also, the principles of continuity of the judgement, concentration of the acts of the trial, physical identity of the judge and compulsory presence of the processed person and the private, or public defender with the caveats of the trial in the absence provided for in the Constitution shall be respected in its development. Article 611.-Notifications- or the judge shall notify to witnesses or experts for his appearance to the audience, being the responsibility of the procedural subjects carrying such experts or witnesses to it. Of equal form will serve them certifications chosen to the part applicant can obtain the presence of them witnesses and experts, as well as the information required or requested documents. Article 612.-Installation and suspension- the judge will declare installed trial hearing in the day and time designated, with the presence of the Prosecutor, the private or public defender and the processed person, except in the case provided for in this code regarding telematic hearings and cases provided for in the Constitution. It or the accusing particular may intervene through an attorney judicial or in the case of people legal of law public or private may appear it or the representative legal or his attorney judicial. In case of not appearing to the installation of the audience, the private prosecution, means abandoned. Once started the hearing, if at the moment to intervene any expert or witness it is not present or it can not intervene via any telematic medium, will continue with the experts or witnesses present and other means of proof. Finalized the testimonies, either party may substantiate Court the relevance of the attendance of the experts or witnesses who are not present. The Court exceptionally, in case of accepting this application, shall suspend the audience and designated day and time for your resume, which will be held immediately, within one period not exceeding ten days. In case of not be accepted the request of them parts, is will continue with the audience and the court dictate judgment on the base of them tests evacuated. Article 613-Trial hearing failed.-If the suspension of the hearing is due to reasons attributable the or the judges, the or the prosecutors, communicate the fact to the Judicial Council, to provide sanctions for the case. If it is for other public servants, will be in the respective authorities for administrative penalties that apply. Article 614-Allegations of opening-day and time indicated, the judge, install the trial hearing verified once the presence of the parties procedural. Granted the word much to the Prosecutor, the victim and the or or to advocate public or private person processed so that they present their opening arguments, before the presentation and examination of the evidence.

SECOND paragraph of evidence article 615-practice test- the President of the Court shall proceed in accordance with the following rules: 1. after the allegation of opening, will order the taking of evidence requested by the Prosecutor, the victim, and public or private defence.

2. during the hearing, persons acting as witnesses and experts shall be on oath to tell the truth and be interviewed personally or through telematic systems.

3. your personal statement may not be replaced by the reading of records showing previous versions, declarations or other documents containing them, except in the case of early test. The Declaration of the witnesses is fastened to the interrogation and cross-examination of them subject procedural.

4. the versions e reports of the personal of the system specialized integral of research, of medicine legal and science forensic, of the personal competent in matter of transit, of them experts and other statements previous is used in the interrogation and cross-examination to remember their performances.

5. the experts shall expose the content and conclusions of your report and then you shall be allowed to question them. Interrogations will be conducted first by the party who has offered this test and then by the other.

6. If at the trial the Prosecutor and the or involved as accusers or private or public defender representing the victim or it is made against two supplement - official record No. 180 - Monday, February 10, 2014 - 101 or more persons prosecuted, shall be granted on the word to all the accusers or to all accused persons , as appropriate.

7. the Court may put questions to the witness or expert for the sole purpose of clarifying their testimonies. 8 by declaring, the experts and witnesses may not communicate among themselves or see or hear or be informed of what happens at the hearing.

Article 616.-Documents, objects, or other media-display documents seeking to be incorporated as documentary evidence, will be read in its relevant part, provided that it is directly and immediately related to the trial, prior accreditation by who presents it, who must give an account of its origin. Them objects that intend to be incorporated as test may be displayed and examined by the parties in the trial if are related with the matter of judging and prior accreditation in accordance with the subsection preceding. Videos, recordings, or other similar means, will be incorporated prior accreditation, by means of its reproduction by any means that ensures their loyalty, integrity and authenticity. The procedural parties may request reading or reproduction partial or summary of the means test, when appropriate and to ensure the knowledge of its content. Article 617.-Test not requested promptly-at the request of the parties, the President of the Court may order the receipt of evidence that not have been offered, provided they fulfill the following requirements: 1. who request, justify not knowing its existence but up to that time. 2. that the evidence is relevant to the process.

PARAGRAPH third allegations Article 618-allegations-concluded the evidentiary phase, the President of the Court granted the word for argue about the existence of the infringement, the responsibility of the person that is processed and the applicable penalty, in accordance with the following order and provisions: 1. the Prosecutor, the victim and the private or public defender present and will expose in that order, their arguments or allegations. There are right to retort, but will always conclude the or the Ombudsman.

2. the President of the tribunal to delimit in each case the time of intervention of the argument's conclusion, in view of the volume of the test view in the public hearing and the complexity of the case.

3. Once submitted the allegations, the President shall declare the completion of the debate and the Court will deliberate, to announce the Court's decision on the existence of the infringement, criminal responsibility as well as the individualization of the penalty.

Article 619.-Decision-the decision judicial shall contain: 1. reference to them made contained in the accusation and the defense. 2. the determination of the existence of the offence and the culpability of the processed person. The processed person not may be declared guilty by facts not contained in the indictment.

3. the individualization of criminal responsibility and punishment of the persons prosecuted. 4. once declared the guilt and the penalty, the judge will have full victim reparation whenever this is identifiable. Similarly, the judge may order the measures precautionary it deems necessary to enforce the penalty.

5. in the case that is ratified the State of innocence of the processed person, the Court will have its immediate release, if it is private it, it shall revoke all the precautionary measures and imposed protective and will deliver without delay the relevant orders. The release order shall be immediately even if it is has no enforceable judgment or resources have interposed.

6. If the reason for the decision is to exclude culpability for causes provided for in this code, the judge shall have the appropriate security measure, provided that the infringement has been proved.

Article 620.-Time penalty-the Court must determine precisely the time of the conviction; of equal mode must determine the compliance of the penalties of restriction of the rights of property, in case of exist.

PARAGRAPH fourth sentence


Article 621-Statement.-after having pronounced its decision orally, the Court will reduce writing the sentence which should include a full motivation and enough both with regard to criminal responsibility as with the determination of the penalty and full reparation to the victim or the rejection of these aspects. He Court will order is notify with the content of the sentence within the term of ten days later to it completion of it audience, of which is can lodged them resources expressly planned in this code and the Constitution of the Republic. Article 622.-Requirements of the sentence-the written judgment, must contain: 102 - supplement - official record No. 180 - Monday 10 February 2014 1. The mention of the Court, the place, the date and time that is issued; name and surname of the sentenced and other data that can serve to identify it.

2. the precise and lengthy relationship and the punishable acts of the sentenced that the Court considered proven in relation to tests taken.

3. the considerations by which is given to proven or not, the materiality of the offence and the responsibility of the defendants as well as testing of disclaimer or attenuation of responsibility.

4. the decisive part, with mention of the legal provisions applied. 5. the individual determination of the participation of the people judged in relation to tests taken and the penalty imposed, if any.

6. it condemns to repair integrally them damage caused by the infringement with the determination of the amount economic that will pay the person sentenced to the victim and others mechanisms necessary for it repair integral, with determination of them tests that have served for it quantification of them damages when corresponds.

7. When is determine the liability criminal of the person legal, it or the judge must verify them damage to them third for to impose the penalty.

8. coasts and comiso or restitution of property or the proceeds of disposal, values or returns which have generated people their rightful.

9. the order to destroy samples of the substances for offences of production or traffic illicit scheduled substances subject to control.

10. the conditional suspension of the penalty and signaling of the period within which the fine shall be paid where appropriate.

11. the sign of them or the judges that make up the Court. Article 623. Time penalty.-the Court must determine precisely the time of the conviction; Similarly it must determine the execution of sentences of restriction of the rights of property, if any. Article 624-Opportunity to execute the penalty-the penalty will be fulfilled once the ruling is enforceable. In the case of older adults, the custodial sentences shall be fulfilled in establishments specially adapted to his condition. No pregnant woman may be deprived of his liberty, nor shall be notified with judgment, but ninety days after delivery. During this period, the judge shall order the imposition of you or to continue the house arrest and the use of the electronic monitoring device to ensure the fulfilment of the penalty. Article 625-votes needed.-all judgment is dictate with the vote matching of at least two judges. Article 626-Different violation.-in the case before the Court, appear relevant data allowing to boast the participation of the person processed in another crime, the President shall these data be forwarded to or to the public prosecutor so that the corresponding investigation. Article 627.-Prohibition.-the Court may not make offensive ratings regarding the processed person or the victim. Article 628.-rules on it repair integral in it sentence.-all sentence conviction must contemplate it repair integral of it victim, with it determination of them measures by apply is, them times of execution and them people or entities public or private forced to run them, of conformity with them following rules: 1. If there is more than one responsible criminal, it or the judge will determine the mode of it repair depending on them circumstances of the infringement and of the grade of participation in the infringement as author, author or accomplice.

2. in cases in which the victims have been repaired by constitutional actions, the judge will refrain from applying the forms of reparation judicially determined.

3. the obligation of reparation monetarily to the victim will have priority against the fine, confiscation and other obligations of the person responsible for criminal proceedings.

4. If the publication of the sentence conviction is the half ideal for repair to the victim, will run to coast of the person condemned.

Article 629-Costs-the costs consist of: 1. the legal costs incurred during the processing of the process. 2. the fees of the or the defenders and the or the experts, translators or interpreters in case that do not form part of the system of Justice.

PARAGRAPH fifth conditional Suspension of the penalty conditional article 630.-Suspension of the penalty-execution of the custodial sentence imposed in first instance ruling, it may suspend at the request of part at the same hearing, trial or within twenty-four hours, always that comply with the following requirements: Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 103 1. That the custodial sentence for conduct not exceeding five years. 2 that the sentenced person will be existing another sentence or process in course, or has been benefited by an alternative output in another case.

3. that the personal, social and family background of the sentenced, as well as the mode and gravity of the conduct are indicative that there is no need for the execution of the penalty.

4. do not proceed in cases of crimes against sexual and reproductive integrity, violence against women or members of the immediate family.

The judge designated day and time for a hearing with the intervention of the Prosecutor, the sentenced, the advocate public or private and the victim of the case, which sets forth the conditions and form of compliance during the period that lasts the conditional suspension of the sentence. Article 631.-Conditions-the person sentenced during the period that lasts the conditional suspension of sentence shall comply with the following conditions: 1. reside in a place or certain address and report any change to the competent authority that establishes the or the judge.

2. refrain from frequenting certain places or people. 3. do not leave the country without prior authorization from the judge of prison security. 4 submit to a medical treatment, psychological or otherwise. 5 hold or exercise a job, profession, trade, employment, or voluntarily perform community work. 6 attend any educational program or training. 7 repair the damage or pay a certain sum to the victim to reparation title or properly secure your payment.

8 periodically submitted to the authority designated by the judge, and where appropriate, evidence compliance with the conditions imposed.

9. not be recurring. 10. do not have tax instruction for new crime. Item 632-Control- or the judge of prison security will be responsible for the control of compliance with the conditions. When the sentenced person fails to comply with any of the conditions imposed or violates the agreed period, the judge prison guarantees will order immediately the execution of the custodial sentence.

Article 633-Extinction-once the sentenced person has fulfilled the conditions and time limits set in the conditional suspension of sentence, sentence will be extinguished, prior resolution of the judge of prison security.

Title VIII procedures special chapter unique kinds of procedures article 634-kinds of procedures-the special procedures are: 1. 2 fast-track procedure. Direct procedure 3. Procedure expedito 4. Procedure to exercise private penal action.

FIRST procedure section abbreviated article 635.-rules-the abbreviated procedure must be substantiated in accordance with the following rules: 1. the offences punished with maximum imprisonment of up to ten years, are susceptible to fast-track procedure.

2. the proposal of the public prosecutor may submit from audience of formulation of charges until the hearing assessment and preparatory for judgment.

3. the processed person must expressly consent both the application of this procedure and the admission of the fact that he is credited.

4. the Ombudsman public or private credit that the processed person has given consent freely, without violating their constitutional rights.

5. the existence of several persons prosecuted does not preclude the application of rules of the abridged procedure.

6. in any case the penalty to apply may be greater or


more serious to the suggested by it or the tax. Article 636-Process- or the Prosecutor will propose the processed person and or advocate public or private to accomodate the abbreviated procedure and accept agreed the legal qualification of the punishable and worthwhile. The defense of the processed person, put in knowledge of its represented or represented the possibility of undergoing this procedure, explaining in a clear and simple way what is and the consequences that this entails.

104 supplement - official record No. 180 - Monday, February 10, 2014 the suggested penalty is the result of analysis of the facts alleged and accepted and the application of extenuating circumstances, as provided for in this code, unless the rebate is less than the third of the minimum penalty provided for in the criminal type. The prosecutor asked in writing or orally the submission procedure, abbreviated to the or to the competent judge, proving all requirements, as well as the determination of the agreed reduced penalty. 637.-audience article.-receipt of the application the judge, will convene the procedural subjects, within twenty-four hours, to oral and public hearing that will define whether it accepts or rejects the fast-track procedure. If it is accepted, the audience will be installed immediately and will dictate the conviction. The judge will listen to or the Prosecutor and shall consult mandatorily the processed person conformity procedure raised in freely and voluntarily, explaining in a clear and simple terms and consequences of the agreement that this could mean you. The victim may attend to the audience and will have right to be heard by it or the judge. In the audience, verified the presence of them subject procedural, it or the judge granted it Word to it or to the fiscal to present in form clear and accurate them made of it research with the respective Foundation legal. Subsequently, shall be granted the word to the processed person to manifest explicitly his acceptance of the procedure. Where the request for fast-track procedure arises in the audience rating of flagrante delicto, formulation of charges or trial, high school may adopt the procedure abbreviated in the same hearing, unless for that purpose a new make. Article 638.-Resolution: the or the judge, at the hearing, shall adopt its resolution in accordance with the rules of this code, which will include the acceptance of the agreement on the qualification of the punishable, the penalty requested by the Prosecutor and the reparation of the victim, if any. Article 639.-negative of acceptance of the agreement.-If it or the judge considers that the agreement of procedure abbreviated not brings them requirements required in this code, that violates rights of the person processed or of the victim, or that somehow not is is attached to the Constitution e instruments international, it will reject and will order that the process criminal is substantiate in pending ordinary. The agreement may not be within the ordinary procedure test.

SECTION second procedure direct article 640.-procedure direct-direct procedure must be substantiated in accordance with the provisions that apply this code and the following rules: 1. this procedure concentrates all the stages of the process in a single hearing, which shall be governed by the General rules provided for in this code.

2 proceed in the crimes described as flagrant sanctioned with maximum imprisonment of up to five years and crimes against property whose amount does not exceed thirty unified basic worker salaries in general described as flagrant.

Violations against the efficient public administration will be excluded from this procedure or affecting the interests of the State, offences against the inviolability of life, integrity and personal freedom resulting in death, sexual and reproductive integrity-related offences and crimes of violence against women or members of the immediate family.

3. the judge of criminal security shall have jurisdiction to substantiate and resolve this procedure. 4. a time qualified the flagrante delicto, it or the judge designated day and time to make the audience of trial direct in the term maximum of ten days, in which dictate sentence.

5. up to three days before the hearing, the Parties shall undertake the announcement of evidence in writing. 6. to consider necessary motivated so ex officio or upon request of a party the judge may suspend the course of the hearing only once, indicating the date and time for its continuation, which may not exceed fifteen days from the date of its inception.

7. in case of not assist the person processed to the audience, it or the judge may have his detention with the only end of that appear exclusively to she. If unable to execute the arrest shall be in accordance with the rules of this code.

8. the judgment in this Court in accordance with the rules of this code, is condemning or ratifying of innocence and may be appealed before the Provincial Court.

THIRD procedure section expedito article 641.-expedited procedure-criminal contraventions and traffic will be expedited procedure. The procedure will take place in a single hearing before the judge competent which will be governed by the General rules provided for in this code. At the hearing, the victim and the defendant if applicable can reach a conciliation, except for the case of violence against women or members of the immediate family. The agreement will be knowledge of the judge so put an end to the process.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 105 paragraph first procedure of criminal infringements article 642-rules-the procedure of criminal contraventions must be substantiated in accordance with the provisions that apply this code and the following rules: 1. these violations will be judged at the request of part. 2 when the judge of contraventions to have knowledge which has been committed such offence, he shall through respective servers or to the so-called offender for the audience of trial to be performed within a maximum period of ten days, warning that it must exercise his right to defence.

3. up to three days before the hearing, the Parties shall undertake the announcement of tests in writing, except in case of flagrant violations.

4. in the case of not to attend the audience, the processed person, the judge of contraventions will have their detention which shall not exceed twenty-four hours for the sole purpose of which to appear to her.

5. If the victim in the case of violence against women and the family member does not appear to the audience, not suspend it and will take place in the presence of his advocate or advocate public or private.

6. If a person is caught committing this kind of contraventions will be apprehended and taken immediately to the judge of contraventions or for prosecution. In this case the tests will be announced at the same hearing.

7. If judging a contravention or the judge finds that it is a crime, it should inhibit and will send the record to the or to the public prosecutor so that the investigation.

8. the judge obliged to reject drawing all incident that tends to delay the conduct of the process.

9. the judgment in this Court in accordance with the rules of this code, is condemning or ratifying of innocence and may be appealed before the or the judges of the Provincial Court.



PARAGRAPH second procedure expedited for the violation against women or members of the family article 643.-rules-the procedure to judge the criminal offence of violence against women or members of the family, shall be completed in accordance with the following rules: 1. the judge of violence against women or members of the immediate family of the canton where the offence was committed or the domicile of the victim shall have the jurisdiction to resolve the violations provided for in this paragraph, without prejudice to the General rules on this matter.

In the cantons where there are these judges, they will know and resolved in the first instance the judge of family, women, childhood and adolescence, or contraventions, in that order, according to the organic code of the Judicial function.

2. If the judge competent is that the Act of violence against women or members of the family subject to their knowledge is crime, without prejudice to the measures of protection, it will be inhibited from continuing with the knowledge of the process and send to the Prosecutor record to start the investigation, without submitting to victimized to the aggrieved person.

If protective measures have been set, they will continue to force to be revoked, modified or ratified by the judge of criminal guarantees competent.

3. the public defender shall be obliged to provide assistance, advice and procedural follow-up to parties that do not have sufficient resources for the sponsorship.

4 they should denounce those who are obliged to do so by express mandate of this code, without prejudice to the legitimation of the victim or any natural or legal person who knows of the facts.


Them and the professional of the health, that have knowledge direct of the made, sent to it or the judge prior requirement, copies of the record of attention.

Agents of the national police are aware of the fact will elaborate the police party and corresponding reports within twenty-four hours of the incident taken place and shall stand mandatorily to the audience.

The national police officers are obliged to implement protective measures, dispensing aid, protect and transport the woman and other victims.

5. the judge competent, when in any way get to know some of the violations of the violence against women and the family, proceed immediately to impose one or several measures of protection; to order the testimony in advance of the victim or witnesses and ordered the practice of forensic examinations and further evidentiary proceedings that the case requires, in the event of not to have been made these last.

Protection measures will survive until the judge competent who knows the process, expressly, amend or revoke at hearing.

106 supplement - official record No. 180 - Monday 10 February 2014 6. The judge competent set simultaneously, the corresponding food pension that, while the measure of protection, must satisfy the alleged offender, considering the needs of subsistence of the victims, unless you already have it.

7. the judge competent will monitor compliance with the measures of protection, using when necessary the intervention of the national police.

In the event of breach of the protection and the determination of payment of food measures handed down by the judge competent, it shall be subject to criminal liability for failure to comply with legitimate authority decisions and obligated to send the background to the Prosecutor for its investigation.

8. the information about the home, workplace, reception centre, Centre of studies of the victim or children under their care, consisting of the process, will be restricted in order to protect the victim.

9. If a person is surprised in flagrante delicto will be apprehended by them agents to who the law imposes the duty of make it and others people particular indicated in this code, and led before it or the judge competent for his judging in the audience.

If the arresting is a person particular, must put of way immediately to the apprehended to orders of an agent.

10. is can order the RAID or the brokenness of them doors or locks as them rules planned in this code, when should recover is to the victim or their family, to remove to the aggressor of the housing or the place where is find retained, apply them measures of protection, in case of flagrante delicto or so the alleged infringing appear to audience.

11. when the judge becomes aware that there has been one of the infringements referred to in this paragraph, it shall notify through the respective servers to the offending course to go to the designated trial hearing for the effect, which will take place within a maximum period of ten days from the date of notification warning him that he must exercise their right to a defence.

It may not differ audience but to express and joint request of both parties only once, indicating the date and time for its continuation, which shall not exceed fifteen days from the date of its inception.

12. cannot be the hearing without the presence of the alleged offender or the Ombudsman. In this case the judge competent will order the arrest of the alleged infringer. Detention shall not exceed twenty-four hours, and only purpose will be his appearance to the audience.

13. the hearing shall take place in accordance with the provisions of this code.

14. certificates of good repute or labour presented by the alleged infringer, must be assessed by the judge.

15. the professionals operating in the technical offices of the courts of violence against women and the family do not require giving testimony at hearing. Their reports will be sent to the judge in order to incorporate them into the process, and will be valued at the hearing.

Expert reports may not be used in other processes of different matter having as end the re-victimization or abuses rights.

16 new medical expertises there will be no if there are reports of health centers or hospitals where attended to the victim and they are accepted by it, or those carried out by the technical offices of the courts of violence against women and the family.

17. the judge will resolve so motivated at the same hearing, orally. 18. the sentence is reduced to written with them formalities and requirements provided in this code and them subject procedural will be notified with she.

19. them deadlines for them challenges run after the notification and the sentence can be appealed before it or the judge competent of the cutting Provincial respective.



PARAGRAPH second procedure for contraventions of transit article 644.-home of the procedure.-are susceptible of procedure clear all them contraventions of transit, flagrant or not. It person cited may challenge it ballot of transit, within the term of three days counted starting from the citation, for which the objecting will present the copy of the ballot of citation before it or the judge of contraventions of transit, who will judge summarily in a single audience convened for the effect in where is you will give to it or to the infringing the legitimate right to it defense. The ballots of citation which are not challenged within three days are understood to be accepted voluntarily and the value of the fines will be cancelled at the offices of takings of the GAD regional, municipal and metropolitan transit agencies, territorial district or in any of the financial institutions authorized for such collections, within a period of ten days of the issuance of your ticket. The ballot of citation will be negotiable for such collections, without the need for the effect judicial sentence.

Supplement - Registro Oficial Nº 180 - Monday, February 10, 2014 - 107 the statement issued at this hearing according to the rules of this code, shall sentence or ratifying of innocence and may be appealed before the Provincial Court, only if the penalty is exclusive of freedom. The voluntary acceptance of the Commission of the offence shall not relieve you of the loss of driver's license points. Article 645-Contraventions with custodial sentence.-who is caught in the Commission of a contravention of imprisonment, will be arrested and put on orders of the judge on duty, within twenty-four hours, for trial at a single hearing where the test will be presented. This audience will be the traffic officer who apprehended the offender. At the end of the hearing the judge shall issue the respective statement. Article 646-Enforcement of penalties-for the execution of penalties for traffic violations that do not involve a deprivation of liberty, shall be the regional, municipal and metropolitan GAD of the territorial constituency where has been committed the contravention, when they take on the competition and the transit Commission of the Ecuador in their respective jurisdiction.

FOURTH section procedure to exercise private criminal proceedings Article 647.-rules-the procedure to exercise private criminal proceedings must be substantiated in accordance with the following rules: 1. who accused for a crime of private penal action, practice should propose the complaint itself or through representative or special representative before the judge penal guarantees.

2 the complaint will be submitted in writing and shall contain: a) names, last name, street address and number of citizenship or identity card, or passport of the complainant.

(b) the name and surname of the offender and if possible, your street address. (c) definition of the offence of which he is accused. (d) relate to official violation, determination of the place and the date in which it was committed. (e) the protest of formalizing the complaint. (f) the signature of the complainant or its representative or agent with special power which must be accompanied. The power will contain the precise designation of the defendant and the full account of the offence which is required to indict.

(g) if the complainant does not know or can not sign, he will attend personally before the judge and in his presence stamped his fingerprint.

3. the complainant will attend personally before the judge, to acknowledge your complaint. 4. in the processes dealing with this section not be ordered measures precautionary and may conclude by abandonment, withdrawal, remission or otherwise permitted by this code.


Article 648-citation and reply-it or the judge must examine them requirements of the accusation in accordance with the standards established in this code. Admitted the complaint admissible, it will be mentioned with the same or to the respondent; If the address is unknown, the summons will be press, complies with the applicable rules. The ballot or the publication must contain prevention appoint one or a private or public defender and point box, or judicial or electronic address for notifications. Quoted the defendant will reply within a period of ten days. A time answered, it or the judge granted a term of six days so the parts present and request test documentary, request surveys and announce them witnesses that must appear in the audience. Article 649-Audience of conciliation and judgement.-once the end of the deadline for the submission of documentary evidence and Annunciation of witnesses or experts, the judge designated day and time for the final hearing, where the Prosecutor and defendant may reach a settlement. The agreement will make to the attention of the judge to put an end to the process. The hearing will take place in accordance with the following rules: 1. If the conciliation is not achieved, we will continue with the hearing and the complainant will formalise your complaint, the Ombudsman public or private will present witnesses and experts previously announced, who will answer to the questioning and cross-examination.

2. the judge may request explanations from respondents to have a clear understanding of what they say.

3. then the defendant or the public or private defender will proceed similarly with its presented witnesses and evidence.

4. then will start the debate giving the word, firstly to the or to the complainant and then to the or to the defendant, guaranteeing the right of reply to the parties.

5. If the respondent does not attend the hearing, will continue with the same in his absence. 6. after the debate, the or the judge will give to know his sentence following the rules of this code.

108-supplement-registration official No. 180-Monday 10 of February of 2014 7. The judge who handed down judgment in this kind of procedure, declare to be the case, if the complaint has been reckless or malicious.

8. the person convicted of reckless will pay the costs, as well as the reparation that corresponds.

9. in the event that the or the judge qualify it's malicious, the offender may initiate the corresponding criminal action.

Article 650.-absence unjustified.-If it or the complainant not assists of way unjustified to the audience, it or the judge, of trade declared deserted the complaint with them same effects of the abandonment, without prejudice of that is declare malicious or reckless. Article 651-Withdrawal or abandonment-in crimes in which appropriate private action exercise means abandoned the complaint if the complainant fails to boost it for thirty days, counted from the last request or claim that has been submitted to the or to the judge, with the exception of cases in which the status of the process the expression of will of the complainant no longer needed. The judge will declare abandoned the complaint only at the request of the defendant. Declared the abandonment the judge shall be obliged to qualify in due course, if the complaint has been malicious or reckless.

Title IX challenge and resources chapter first challenge article 652-rules General.-the challenge shall be governed by the following rules: 1. the judgments, resolutions or definitive cars will be contested only in the cases and forms expressly determined in this code.

2. who has lodged an appeal, may withdraw from it.

The advocate public or private may not withdraw the resources without express mandate of the processed person.

3. them resources are resolved in the same audience in that is based. 4. to grant is a resource so that they comply with the Court of appeal will be sited parties. 5. when a process there are several persons prosecuted, the appeal lodged by one of them, it will benefit others, provided that the decision personal does not melt on the basis exclusively. This benefit shall be enforceable although mediate enforceable judgment which declared the guilt.

6. the filing of an appeal shall suspend the execution of the decision, with the exceptions provided for in this code.

7. the Court of appeal, to meet the challenge of a sanction, not worsen the legal situation of the sentenced person as the only recurring.

8. the lack of appearance of one or more recurrent to the audience, will result to be declared the abandonment of the appeal with respect to the absent and will continue the hearing in relation to the present.

9. where the recurrent not based the resource, it means your withdrawal. 10. If at the time resolve a resource, the judge observed that there is any cause that vicie procedure, it is obliged to, ex officio or upon request of a party, declare the nullity of the process from the moment in which occurs the invalidity at the expense of the server or part that causes it. There is to this Declaration of invalidity, only if the cause that provokes it has influence on the decision process.

For the purposes of this paragraph, are causes that vicien procedure: to) the lack of competence of the judge, when you can not be remedied with inhibition. (b) when the sentence does not meet the requirements established in this code. (c) when there is violation of procedure, provided that involves a violation of the right to a defence.

SECOND chapter appeal of appeal article 653-origin-Procedera appeal in the following cases: 1. the resolution declaring the prescription of exercise of the action or the penalty. 2. from the writ of annulment. 3. of the order of dismissal, if existed fiscal accusation. 4. of the statements. 5. of the decision to grant or deny pre-trial detention provided that this decision has been handed down in the formulation of charges or during the tax statement.

Article 654-Pending-appeal may be brought by the procedural subjects, in accordance with the following rules: 1. is to be lodged before the judge or a court within three days of notified the car or judgment. 2 or the judge or court, shall decide on the admission of the appeal within the period of three days from its filing.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 109 3. Admit the appeal admissible, the judge or court shall process to the room within the period of three days from the Providence that grant it is enforceable.

4 received the dossier, the respective Chamber of the Court, shall convene subjects due to a hearing, within a period of five days following receipt of the file, so that they support the resource and expose their claims.

5. it or the recurrent will speak first and then the counterpart. There is place to the reply and Rejoinder. 6. finished the debate, the room will proceed to the deliberation and in merit of them fundamentals and allegations exposed, announces its resolution in the same audience.

7. the resolution motivated must express is and reduce is to written and notify is in the term of three days after being announced in audience.

8. in them cases of jurisdiction of court Provincial or national, the room respective will proceed in the form designated in them interjections earlier.

Article 655.-Confirmation by the Ministry of law.-If the respective Hall does not resolve the appeal of the order of dismissal, within a maximum period of sixty days from the date of receipt of the process, will be confirmed in all its parts, notwithstanding that the Judicial Council initiate the appropriate disciplinary action.

THIRD chapter appeal of Cassation article 656-origin-the appeal is the responsibility of the national court of Justice and will proceed against sentences, when the law is violated, whether by expressly contravening to his text, as having made an improper application of it, or having it interpreted wrongly. Resources that contain requests for review of the facts of the particular case, or reassessment of the test are not admissible. Article 657.-Procedure-the appeal may be brought by the procedural subjects, in accordance with the following rules: 1. within five working days from the notification of the judgment. The judge shall forward the process to the national court of Justice, within a maximum period of three working days, once rendered Providence that grants it.

2. the court designated by lot, within a period of three days will be audience. In rejecting the appeal, ordered back to the or to the judge of origin. Of these decisions, there is no recourse.

3. the appeal shall be dealt with and resolved at hearing that will be held within a period of five days from the call. The appellant must substantiate their claim and other procedural subjects decide on it.

4. the appeal lodged by the Prosecutor, based on audience or the Attorney General or his delegate or delegate.

5. If the resource is estimated from, shall take a decision ruling amending the violation of law. Estimate inadmissible, be thus stated in judgment.


6. If you notice that sentence has violated the law, although the Foundation of the appellant is mistaken, nursing it will admit it is.

7. the judgment is notified within three days of end of the audience. 8. the process will be returned to the or to the judge or the respective court for the execution of the sentence.

Chapter fourth appeal for review article 658.-origin-the judicial review may propose at any time, to the national court of Justice, after conviction rendered by one of the following causes: 1. If the existence of the person believed to be dead. 2. If there are, simultaneously, two convictions on a same violation against number of convicted persons who, for being contradictory, reveal that one of them is wrong.

3. If the judgment has been entered by virtue of false documents or witnesses or malicious or flawed expert reports.

The review only may declare is under new tests that demonstrate the error in fact of the judgement contested. Not will be admissible the testimonies of them people that declare in the audience of trial. The filing of this appeal does not suspend the execution of the sentence. Article 659.-Recurrent-judicial review may be lodged by the convicted person, by any person or by the same judge, if appears the person believed to be dead or are presented evidence that would justify its existence, after the date of the Commission of the alleged crime.

110 supplement - registration officer Nº 180 - Monday, February 10, 2014 in all other cases, only can appeal the convicted person and if he is deceased, can do so with your spouse, your partner in common-law union, their children, their relatives or heirs. He written of interposition of the resource will be informed and will contain the request or inclusion of new tests, case contrary is declared inadmissible and is it cast off without place to one new by the same cause. When declared the abandonment of the appeal, not is will accommodate a new one for the same reasons. Article 660.-Procedure-judicial review must be processed in accordance with the following rules: 1. received record, within a maximum period of five days, will be to the attention of the parties the reception of the process and in the same Providence be designated day and time that the hearing will be held.

2. If the review is of a judgment rendered in a process of public exercise of the action, will be with the intervention of the Attorney General of the State, or its delegate or delegate.

3. at the hearing, procedural subjects will expose their foundations and practice chosen tests. The resolution will be announced at the same hearing, and must notify it within three days.

4. the rejection of the revision, shall not prevent that you may propose a new one, based on a different cause.



Chapter fifth resource indeed article 661.-origin and pending-the resource indeed is granted when it or the judge or court deny them resources timely interposed and that is are expressly certain in this code, inside them three days later to the notification of the auto that it denied in accordance with them following rules: 1. interposed the resource, it or the judge or court It will forward the process without any formality to the superior. Superior will convene audience to learn about the origin of the resource. If is accepted, it will be the resource illegally denied.

2. the respective court, to accept the appeal in fact communicated to the Judicial Council to you punish the or to the judge or court that illegally deny the appeal.

3. If the resource has indeed been baselessly lodged, the respective court, communicated to the Council of the judiciary to you punish the lawyer or Attorney sponsor of the appellant; and the limitation of action and revocation of pre-trial detention periods will be suspended.

Title X mechanism alternative of solution of disputes chapter first standards general article 662-standards General.-the alternative method of dispute resolution shall be governed by the General principles determined in this code and in particular by the following rules: 1. free and voluntary consent of the victim, the processing. Both the victim as the processing may withdraw this consent in any moment of the performance.

2. the agreements that are reached shall contain obligations reasonable and proportionate to the infringement and the damage caused.

3. the participation of the accused may not be used as evidence of admission of guilt in subsequent legal proceedings.

4. the breach of an agreement may not be used as the basis for a conviction or for the aggravation of the penalty.

5. facilitators should perform their functions in an impartial manner and to ensure that the victim and the defendant act with mutual respect.

6. the victim and the accused shall have the right to consult one or a private or public defender.

SECOND chapter conciliation article 663.-conciliation-the conciliation may be submitted up until the conclusion of the stage of fiscal statement in the following cases: 1. offences punished with a maximum imprisonment of up to five years. 2. crimes of transit having no result of death. 3. offences against property whose amount does not exceed thirty unified basic worker wages in general.

This procedure excludes the infringements against the efficient public administration or affecting the interests of the State, offences against the inviolability of life, integrity and personal freedom resulting in death, sexual and reproductive integrity-related offences and crimes of violence against women or members of the immediate family. Article 664-Principles-the conciliation shall be governed by the principles of the voluntary nature of the parties, confidentiality, flexibility, neutrality, impartiality, fairness, legality and honesty.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 111 article 665.-rules General.-the conciliation shall be dealt with according with the following rules: 1. the victim and the person investigated or processed before the Prosecutor will present the written request for conciliation which will contain the agreements.

2. If the request for conciliation is carried out in the research phase, the Prosecutor will be an act that will be established the agreement and its conditions and suspended its activities until they comply with what was agreed. Once fulfilled the agreement filed research in accordance with the rules of the present code.

3. If the investigated violates any of the terms of the agreement or violates the agreed deadlines, the Prosecutor shall revoke the Act of conciliation and will continue with his performance.

4. If the request for conciliation is made in the instruction stage, the Prosecutor without further formality, ask the judge or the call to a hearing in which you will hear the parties and approve the conciliation. Resolution that approves the agreement, it shall order the suspension of the process until they comply with what was agreed and the lifting of the measures precautionary or protection if they were issued.

5 complied with the agreement, the judge will declare the extinction of the exercise of criminal action. 6. when the processed person fails to comply with any of the terms of the agreement or violates the agreed deadlines, at the request of the Prosecutor or the victim, the judge will convene a hearing in which will discuss the breach and revocation resolution conciliation and suspension of the proceedings.

7 where, at the hearing, the judge reached the conviction that there is an unjustified breach and that it deserves to rescind the agreement, it shall revoke it, and ordered to continue with the compliance process with the rules of the ordinary procedure.

8. the maximum period to comply with the agreements of reconciliation will be of one hundred eighty days. 9. during the period for the implementation of the agreements of reconciliation will be suspended weather attributable to the prescription of the exercise of criminal action and the deadlines for the duration of the corresponding stage of the proceedings.

10. no extension of the term shall be allowed to comply with the agreement. 11 revoked the Act or resolution of conciliation may not be granted it.

Book third execution title I organs competent chapter first judges and judges of guarantees prison article 666.-competition.-in the locations where there is a center of deprivation of freedom there will be at least a judged of guarantees prison. The execution of penalties and measures precautionary will correspond to the agency technical responsible of the system of rehabilitation Social, under the control and supervision of them or them judges of guarantees prison.

SECTION only execution of the penalty


Article 667-Computation of penalty.- the judge prison guarantees will perform the computation and determine with accuracy the date that ends the sentence and, according to the case, the date from which the competent authority of the Center or the sentenced person, request the change of regime of social rehabilitation. For such computation is take in has the time that the person sentenced is effectively private of its freedom. The resolution will be sent to the Centre of deprivation of liberty in which the person deprived of liberty is. The or will be notified to the Prosecutor, the sentenced person or to his advocate or defender, who may object to the computation, within a period of five days following the notification. The computation will be overhauled when it is check a bug or new circumstances require. If the sentenced person is released and not applicable the conditional suspension of the execution of the penalty, the judge of prison security shall immediately order his detention in a centre of deprivation of liberty. Article 668-Different place-the person deprived of liberty may appeal the decision of transfer ordered or denied by the technical body to the judge of prison security for any of the following causes: 1. family closeness. 2. suffering from catastrophic illness, involving danger to his life or permanent disability. 3. need of treatment psychiatric, prior evaluation technique of an expert. 4. security of the person deprived of liberty or the Center.

112 supplement - official record No. 180 - Monday 10 February 2014 5. Conditions of overcrowding in the Center. In case of refusal, you can appeal to superior. Article 669.-Surveillance and control.- the judge of prison security will perform at least one monthly inspection centres of deprivation of liberty in order to ensure proper compliance with the sentencing and the rights of persons who are deprived of freedom. You can order the appearance before it of persons deprived of liberty for the purpose of surveillance and control. When for reasons of disease a person private of freedom is transferred to a unit of health public, will have right to a visit where is find. In the visits that perform it or the judge of guarantees prison is rise an act. When the judge guarantees prison visits to centres of deprivation of liberty ordered what deems suitable to prevent or correct to notice irregularities. Article 670.-Procedure-the procedure of the incidents relating to the execution of the penalty is public, which will be notified to the parties and it will be mentioned to the witnesses and experts necessary to informed during the hearing. Against the resolution will proceed to appeal. The person deprived of liberty or his advocate or Ombudsman may submit any request, claim or complaint related to the execution of the sentence or the violation of their rights. In these cases, the administrative authority shall send the record of the person deprived of liberty or the judge of prison security. For the development of the audience shall apply the rules laid down in Article 563 of this code. Article 671-Remission of the person offended.-in the cases of remission referred to in this code, the judge of prison security ordered the freedom of the person.

SECOND chapter national of rehabilitation SOCIAL article 672-system national system of Social rehabilitation-is the set of rules, principles and policies of institutions, programs and processes that are interrelated and interact holistically, for criminal execution. Article 673.-Aim-system has the following purposes: 1. the protection of the rights of persons deprived of their liberty, with attention to their special needs.

2. the development of the capacities of persons deprived of their liberty to exercise their rights and fulfill their responsibilities to fully regain their freedom.

3. the comprehensive rehabilitation of persons deprived of liberty, in the fulfillment of his sentence. 4. the social and economic reintegration of persons deprived of their liberty. The others recognized in international instruments ratified by the State. Article 674.-Technical body-system will ensure the fulfilment of their purposes through a technical body whose functions are: 1. to assess the effectiveness and efficiency of the system policies. 2 manage the centres of deprivation of liberty. 3 set the standards for the purposes of the system. The development of these powers shall be recorded in the regulation of the national system of Social rehabilitation. The technical agency will have specialists in rehabilitation and reintegration of persons deprived of liberty. The President of the Republic shall appoint the Minister or Minister of State, who will preside over the body. Article 675-Directory-the directory of the agency technical will be integrated by the or the Ministers or their delegates responsible for matters of Justice and human rights, public health, labour relations, education, economic and social inclusion, culture, sport and the Ombudsman. The President of the Republic shall appoint the Minister or Minister of State that will chair it. The Board may invite the technical agency professionals trained in areas such as: psychology, law, sociology or social work and other specialties who advise in the field of its competences, shall have voice, but no vote. The directory of the agency technical has as objective the determination and application of them political of attention comprehensive of them people private of freedom; comply with the purposes of the system of rehabilitation Social and them others powers provided for in the regulation respective. Article 676.-responsibility of the State.-them people private of freedom is found under the custody of the State. He State will respond by the actions or omissions of its server or servers that violate them rights of them people private of freedom.

Supplement-registration official No. 180-Monday 10 of February of 2014-113 article 677-Center of training and training prison-the center of training and training prison will be directed and regulated by the agency technical. Its functions will be: 1. develop and apply the plan of training and training for them and those aspiring to integrate is as personal to the service of the system prison.

2. Select, train and qualify to them and them aspiring to integrate is as personal to the service of the system prison.

3. refine, update, promote and evaluate of way constant, to the personal of them centers of deprivation of freedom, in any of the areas prison.



Title II centres of deprivation of freedom article 678-centers of deprivation of freedom-them measures precautionary personal, them penalties custodial of freedom and them constraints, is shall comply with in them centers of deprivation of freedom, that is classified in: 1. centers of deprivation provisional of freedom, in which remain them people private preventively of freedom under a measure precautionary or of apremio imposed by an or a judge competent , who will be treated by applying the principle of innocence.

In case of a person that it has imposed a measure precautionary custodial of freedom and for the offence committed reveals that he is a person of extreme danger, in order to safeguard the Security Centre and the other deprived of liberty, his detention may stipulate in another center that provided the necessary assurances.

These centers will have a section for people seized by flagrante delicto.

2 social rehabilitation centres, which are persons who shall be liable to a penalty by an enforceable sentence.

Centres of deprivation of liberty will have the infrastructure and the necessary spaces for the fulfilment of the purposes of the Social rehabilitation system, suitable for the development of activities and programmes envisaged by the competent organ. Article 679.-Income-a person detained only can enter in a center of deprivation of liberty with order of competent authority. The apprehension by flagrante delicto the facts and circumstances that led to it should register. The deprivation of liberty, in this case, not to exceed twenty-four hours.

Failure to comply with these obligations will cause the imposition of the maximum administrative penalty prescribed by the law to the responsible server, without prejudice to criminal or civil liability. Article 680.-Organization and operation.-the functional organizational structure of each detention centre will be developed in the respective regulations. Article 681-Compulsory registration of persons deprived of their liberty-in all centres of deprivation of liberty a record of each internal person will take to facilitate the specialized treatment of rehabilitation and reintegration. His death is recorded, leaving evidence of death. Article 682-Separation-in centers of imprisonment, persons will be separate in the following manner: 1. the sentenced to custodial sentences, which have measured precautionary or apremio staff. 2. the women of men. 3 which manifest violent behavior from others. 4. those that need priority attention from the others. 5. the deprived of liberty for traffic-related offences, of the


deprived of their liberty for other crimes. 6. the private of freedom that are part of the system national of protection and assistance to victims, witnesses and other participants in the process criminal, of them others.

7. the deprived of liberty for contraventions, persons deprived of their liberty for offences. Article 683-Compulsory health examination.-any person will undergo a medical examination before entering the detention centres and will provide, if necessary, treatment and care. This test will take place in a public health unit. If you have signs which suggest that he was the victim of torture, cruel, inhuman or degrading treatment or punishment; the health professional performing the test will report the fact to the competent authority of the Center, who will present the complaint, accompanied by medical examination, the Prosecutor's office. Article 684-Facilities-detention centers will have infrastructure and clearances necessary for the fulfilment of the objectives of the national system of Social rehabilitation. Article 685.-Security internal and perimeter of them centers of deprivation of liberty-it security internal of them centers of deprivation of freedom is competition of the body of security prison.

114 - Supplement - official record No. 180 - Monday, February 10, 2014 security perimeter is competence of the national police. Article 686-Supervision and monitoring-the or the servers responsible for prison security and custody of persons deprived of liberty, within or outside the Centre, may resort to techniques of progressive use of force to quell riots or contain and prevent leakage. He use of the force e instruments of coercion is evaluated by the agency technical. If any excess shall be sent respective record to the Prosecutor's Office. Article 687-address.-the management, administration and operation of detention centres will be provided by the designated competent authority.

Title III regime of penalties not deprivation of freedom article 688-Agency.-the technical body is responsible for the Administration, implementation and verification of the measures and non-custodial sentences. It will also coordinate with different entities of the public sector. Article 689.-breach and sanctions-the organ responsible of run it measure or penalty not custodial of freedom will provide them media necessary to ensure its compliance. Failure to comply with this provision shall be punished criminal, civil and administrative.

Title IV regime of measures precautionary personal and rehabilitation SOCIAL chapter first regime of measures precautionary article 690.-system occupational people deprived of their freedom.-educational, cultural, social, job training and health activities are intended to develop skills and abilities of persons deprived of their liberty, by reason of a measure precautionary or personal urgency. The competent authority of the Center will promote their own occupational initiatives. Article 691.-Place compliance.-persons subject to a measure to precautionary custodial freedom will remain in the center of provisional deprivation of liberty of the jurisdiction of the judge who knows the cause. Central competent authority may order the transfer of the person deprived of freedom for the following reasons: 1. to ensure their safety or that of the Centre.

2. by condition of catastrophic illness, involving life threatening or permanent disability.

3. by need of psychiatric treatment, prior technical evaluation of an expert. The transfer is communicated immediately to it or to the judge that knows the cause. The person private of freedom may challenge the decision of transfer before it or the judge of the cause.

SECOND chapter regime GENERAL of rehabilitation SOCIAL article 692-phases of the scheme-the system of social rehabilitation shall consist of the following phases: 1. information and diagnosis of the person deprived of freedom: is the phase of comprehensive care that is collected the information which serves to guide its permanence and exit from the center of deprivation of liberty through the implementation of a plan individualized compliance penalty, observation, assessment, classification and location of the person deprived of liberty.

2. custom development: in this phase of the comprehensive care model executes the individualized plan of enforcement of the penalty of the person deprived of freedom through follow-up and periodic evaluation of the family, psychological, educational, cultural, industrial, productive, social, health programs and others that are considered necessary.

3. social inclusion: it is the phase of the model of comprehensive care in which, following evaluation of the compliance of the individualised plan of the requirements laid down in the respective regulations and respect for the disciplinary rules, carried out by the technical body, persons deprived of their liberty be included in society in a progressive manner.

4 support released: is the phase of the model of comprehensive care which consists of a series of actions intended to facilitate the social and family inclusion of persons who after having been in detention centers, will be refunded to the company, in accordance with the provisions of the respective regulations.

For the fulfilment of the phases of the model of comprehensive care for persons deprived of liberty, it will be human resources, infrastructure and equipment required for its proper functioning.

FIRST section population location of persons deprived of their liberty article 693.-place of fulfilment of penalty.-persons shall comply with the custodial sentence at one of authorized detention centers and supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 115 arranged by the technical body, in accordance with the Court's decision. Article 694-Safety-levels for the population location and the treatment of persons deprived of liberty in the centres of deprivation of liberty, shall be considered as the following levels of security: 1. maximum security 2. Medium-security 3. Minimum security features for each level of security will be provided for in the regulation of the national system of Social rehabilitation.

SECTION second progression in the centers of social rehabilitation article 695.-system of progressivity.-the execution of the penalty shall be governed by the system of escalation which includes different social rehabilitation regimes until the full reinstatement of the person deprived of freedom society. Article 696.-Social rehabilitation schemes-schemes are: 1. closed. 2 semi-open. 3 open. A person deprived of liberty may move from a regime to another due compliance with the individualized plan, the requirements laid down in the respective regulations and respect for the disciplinary rules. The competent authority responsible for the Center, ask or judge prison guarantees the imposition or regime change or the person deprived of liberty may require it directly when it complies with the requirements provided for in the respective regulations and the authority has not requested it. Article 697-Regime closed.-is the period of enforcement of the penalty which will start from the income of the person sentenced to one of the centres of deprivation of liberty. In this scheme will be the location of population, the development of the individualized plan for compliance with penalty and its execution. Article 698-Regime semi-open.-is the process of social rehabilitation of the or of the sentenced that complies with the requirements and standards of the progressive system to develop its activity outside the Centre of execution of punishment in a manner controlled by the technical body. The judge of prison security will have the use of electronic surveillance device.


Be carried out activities of inclusion family, labor, social and community. Access to this regime requires the fulfillment of at least sixty percent of the penalty imposed. In the case of unjustified breach of control mechanisms by the beneficiary of this regime, of sufficient and proven justification without cause, the judge of prison security shall revoke the benefit and will declare the person deprived of liberty, in condition of fugitive. Article 699.-Open system-means open the rehabilitation period to inclusion and social reintegration of the persons deprived of liberty, in which coexists in their social environment supervised by the technical body. For access to this regime is requires the fulfillment of at least the eighty percent of the penalty. Persons deprived of their liberty that have escaped or attempted to escape or those sanctioned with revocation of the semi-open regime can not access this regime. The judge of prison security will have the use of electronic surveillance device. At this stage the beneficiary will be featured periodically before the judge. Unjustified breach of mechanisms of control by the beneficiary of the scheme, the judge of prison security revoke this benefit and will declare the person deprived of freedom on condition of fugitive. Once fulfilled the sentence the judge will have the immediate removal of the electronic device. Article 700.-Assistance to the fulfilment of the penalty-the system of Social rehabilitation social and psychological assistance provided during and after the fulfilment of the penalty. He State, through them ministries corresponding, will regulate them purposes specific and will promote it inclusion labour of them people private of freedom to provide to them people that have fulfilled the penalty and recovered his freedom, greater opportunities of work.

THIRD section article 701-axis treatment-treatment the treatment of persons deprived of their liberty, with a view to their rehabilitation and social reintegration, shall be based on the following axes: 1. education 2. Education, culture and Sport 3. Health 116-supplement-registration official No. 180-Monday 10 of February of 2014 4. Family bonding and social 5. Reintegration the development of each of these axes of treatment will be determined in the rules of procedure of the national system of Social rehabilitation. Article 702-Shaft work-work is a fundamental element of treatment. You will not have an afflictive nature nor shall it apply as corrective action. Article 703.-remuneration-all activity labor that perform the person private of freedom, will be paid as with the law, unless them workings is related with them activities own of toilet and conservation of the space physical personal. The remuneration of the work of the deprived of freedom is deduced by the corresponding social security contributions and is simultaneously distributed as follows: ten percent to compensate damages caused by the infringement as he has the judgement; Thirty-five per cent for the provision of food and the needs of their families; twenty-five percent to acquire objects of consumption and personal use; and, the last thirty percent to form an own Fund to be handed over to its output. The product of labour of persons deprived of their liberty shall not be matter of however, abduction or retention, subject to the exceptions provided for in the law. Article 704.-Axis of education, culture and sport-organized educational activities in accordance with the official system. Levels of education initial, basic and secondary education are compulsory for all persons deprived of liberty who have not passed before such levels. It system national of education is responsible of the provision of those services educational to the inside of them centers of deprivation of freedom. The Social rehabilitation system will promote higher and technical education through the signing of agreements with public or private universities or institutes. The conventions will ensure that teaching is provided in the conditions and with the rigour and quality inherent in this type of study, adapting, in what is accurate, the teaching methodology to the circumstances of the regimes of deprivation of liberty. The administration of the Center will promote the fullest participation of persons deprived of liberty in cultural, sports and other activities of support that are programmed. Article 705-Axis health.-assistance to health will be integral character and will be oriented to the prevention and cure. Detention centers will provide prevention, treatment and rehabilitation programmes to occasional, regular and problematic consumers in appropriate places for this effect.

The national health system will be responsible for the health care and pharmaceutical and complementary benefits derived from this attention. The quality of services will be equivalent to that lends itself to the whole population and consider the specific conditions of the populations deprived of freedom. Article 706-Axis of family and social bonding-promote family and social bonding of persons deprived of their liberty, strengthen family and social relations. Article 707-Reintegration shaft-be controlled regimes semi-open and open of execution of the sentence in order to generate self-confidence and autonomy of people to enable them to an optimal rehabilitation. During the year following their freedom, will receive the necessary support the person released for their return to society, their reintegration and prevention of recidivism. Article 708-Individualized Plan for compliance with penalty.-for the purposes of the treatment of persons deprived of their liberty, drawn up an individualized plan for compliance with penalty, which consists of a set of goals and actions agreed upon with the person, that lead to overcome the problems of exclusion and deficiencies affecting the Commission of the offence. Its objective is the reintegration and the personal and social development of the person deprived of liberty. The individualized plan of enforcement of the penalty shall be drawn up on the basis provided for in the regulation. Article 709-Programs-programs will take place at detention centers and will be included in the individualized plan for compliance with penalty, in accordance with the criminological study carried out by the respective area. Article 710.-Treatment programmes for priority groups-persons older adults, pregnant women, people with disabilities, people with catastrophic illnesses, will have specific programs that meet their needs, in deprivation of liberty. Article 711.-Activity programs-each center of deprivation of liberty will take a record of the activities that the person deprived of freedom to play and their progress. This shall include reports from professionals in the Technical Department on the evaluation of the development of capacities, results, observations and recommendations and shall be submitted every six months to the competent authority of the Centre. The registration information will serve as a fundamental basis to qualify for the open or semi-open regimes. Article 712-Certification-at the end of each cycle in the implementation of programmes, will extend a certificate indicating the development of the capacities of the person deprived of liberty.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 117 certificates do not relate the circumstance of having been obtained in deprivation of liberty.

Chapter third regime of visits article 713-family and social relationships-in order to strengthen or restore relations with the family and the community, ensure a regime of visits to the person deprived of liberty. Article 714-Authorized visits.-the person deprived of liberty may refuse to receive certain visitors, which will deliver to the administration of the Centre a list of unauthorized persons to visit, likely to be modified at any time. Article 715.-features of the regime of visits.-them visits is held in an atmosphere that allow the privacy and privacy and according the dignity human; in places and conditions that guarantee the security of the people and of the Centre. This right will be exercised on equal terms, without discrimination of any kind. Article 716.-Communication and dissemination-administration of the detention centre shall inform persons deprived of freedom and visits, the provisions regulating the regime of visits. Article 717-Schedule the visits.-persons deprived of their liberty receive visits at the times provided for in the respective regulations. The or the defenders of public or private visits, may be made on any day of the week in the established hours. Night-time visits are banned. Article 718.-Entry of illegal items.-when a person is discovered by entering with weapons of any kind, alcoholic beverages, narcotics or psychotropic, phones or communications equipment, or any instrument that threatens the security and peace of the deprivation of liberty Center, will be arrested and put under orders of the authorities.

CHAPTER FOURTH REGIME DISCIPLINARY FOR THOSE PEOPLE


DEPRIVED of freedom article 719.-aim-the disciplinary regime aims to ensure respect for the rights of persons deprived of their liberty, the harmonious coexistence, security of the centres and the effective enforcement of penalties and measures precautionary. Disciplinary sanctions are provided in this book. The disciplinary authority in the centers corresponds to the competent authority of the Center, strictly subject to the Constitution and the law. Article 720.-Security preventive-them people responsible of the security of them centers may take measures urgent aimed to avoid or prevent failures disciplinary, that must be immediately interconnecting to the authority competent of the center according to appropriate. When there is a mutiny or a serious breach of the peace at a detention center, the competent authority of the Center will ask, if necessary, intervention by the security forces to the extent and the time required for the restoration of order. Article 721-Disciplinary fouls-disciplinary absences are classified into mild, serious and very serious. Article 722-Miss minor-minor misconduct committed persons deprived of freedom who commit any of the following acts: 1. deliberately put at risk your own safety, other persons or the Center. 2 disobey orders and provisions of the authority of the Center, which are framed in the Constitution, the law and the respective regulations.

3 inobservar order and discipline in social, cultural, religious, sports, while there are tours and during periods of power centers.

4 breach the established schedules. 5 interfere or impede the counting of persons deprived of their liberty. 6 stay and travel without authorization in places considered as areas of security and administration of the Centre.

7 neglect the toilet in the cell that occupies, refusing to collaborate with the cleanliness and maintenance of pavilions, health services, bathrooms, plumbing, workshops, classrooms, playgrounds and the Centre in general.

8. throw trash out of the sites planned for its collection. 9 deliberately perform actions that threaten the health of Center. 10 own animals in the Center. Article 723-Faults serious-commit serious fouls persons deprived of freedom who commit any of the following acts: 1. disobey the Center safety standards. 2 preventing or attempting to prevent by any means that persons deprived of their liberty carried out labour, educational, health, social, cultural or religious activities.

3. participate in fights or scold.

118 supplement - official record No. 180 - Monday 10 February 2014 4. Hinder or prevent recalls that occur in the Center. 5 throwing dangerous objects. 6. blocking locks. 7 make unauthorized health, drinking water and electrical connections. 8. buy or sell goods whose origin is not justified legally. 9 cause or instigate collective disorders, riots or other events affecting the security of the Centre.

10. breaking the rules and provisions internal of the Center. 11. own and use instruments, tools or utensils labor to perform activities that contravene the regulations.

Article 724-Miss very serious-commit serious fouls persons deprived of freedom who commit any of the following acts: 1. carry or fabricate skeleton keys or picks. 2 acting against the means of transportation and basic services of the Center. 3. carry out excavations, open pits, holes or tunnels. 4 lease or sell cells, physical spaces, machinery, tools or other objects that belong to the Center.

5. refuse to attend judicial proceedings for unjustified manner. Article 725.-Sanctions-imposed the following sanctions depending on the severity and recidivism, which must be justified under the proportionality and the foul features: 1. restriction of the family visit time. 2. restriction of external communications. 3. restriction of telephone calls. 4 submission to the maximum security regime. In cases in which these disciplinary faults may be considered as offences, the competent authority of the Center will put in knowledge of the Prosecutor's Office and stated will proceed as in this code. Article 726.-procedure-the procedure for sanction will be brief, simple, oral, will respect the due process and the right to be heard by itself same or through a defender or defender public or private, of conformity with them following rules: 1. the procedure will begin to request of any person that knows that is committed a lack or by part written delivered by the personal of security of them centers of deprivation of freedom.

If the person complainant deprived of liberty applies to keep reserve of their identity for personal safety, they are not published their names or surnames.

2. the competent authority of the Center will call the parties involved, the guardian of the person deprived of freedom and will hear them in the audience. The person accused of committing a foul shall have the right to the last speech.

3. at the same hearing, it will be resolved in a reasoned manner, and shall be recorded in writing of the facts, failure and the sanction.

4. sanctions may challenge before the judge of prison security.

Title V repatriation article 727-repatriation-the statements of national jurisdiction, in which custodial sentences are imposed may be carried out in the country of origin or nationality of the sentenced or. Likewise, the judgments of Justice criminal foreign that impose penalties custodial of freedom to Ecuadorian, can be executed in the Ecuador, of conformity with them instruments international or to the amparo of the principle of reciprocity international. Article 728.-Rules-in addition to those provided for in the international instruments, repatriation active or passive will undergo the following rules: 1. shall decide the transfer of the person sentenced to the governing justice and human rights Ministry, decision that will be in the knowledge of the judge for prison guarantees for its implementation.

2. the execution of the penalty imposed at sentence shall be governed by the rules of the prison system of the State which drive you are for their compliance.

3. in any case, the duration of the custodial sentence, handed down by a foreign judicial authority may be modified.

Article 729.-Conditions for the transfer and enforcement of sentences for foreigners-the transfer of the sentenced is possible if the following conditions are met: 1. be firm or definitive judgment. 2 be a national of the State in which is serving the sentence. 3 that the duration of the sentence, the condemned citizen must meet, is at least six months, to the day of the receipt of the request.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 119 4. That the Act or omission which gave rise to the conviction must constitute a criminal offence in both States.

5 the person deprived of liberty or his representative, by reason of his age or his mental fitness, have the will be transferred, being previously informed of the legal consequences.

6 States expressly manifested their approval for the transfer. Article 730.-Exemption from fines in the event of repatriation.-in cases in which the sentence expected payment of fines or reparation the technical body, technical report, you can ask the or judge prison guarantees the reduction or exemption of the fine or payment of full reparation when properly motivated humanitarian reasons are established or proven the impossibility of payment.

PROVISIONS General first: In matters not provided for in this code shall apply the provisions of the organic code of the Judicial function and the code of Civil procedure, if applicable with the nature of the oral adversarial criminal process. Second: In reference to offences committed in indigenous communities should be in accordance with the Constitution, treaties and international instruments ratified by the State, in the organic code of the Judicial function and the respective laws. Third: In cases of repatriation of foreign nationals sentenced in the Ecuador, fines payment obligations are extinguished, in accordance with the international conventions relating to this matter. Fourth: In relation to offences against the customs administration, when the value of the goods does not exceed the expected amounts so you set the criminal type, does not constitute crime and will be punished as administrative contravention by the customs authority with fifty per cent of the maximum fine for each offence.


TRANSITIONAL provisions first: Criminal proceedings, proceedings and investigations that are pending when it enters into force this code, will continue to progress under the previous criminal procedure until its conclusion, without prejudice to compliance with the rules of due process, provided for in the Constitution of the Republic, provided that the punishable conduct is sanctioned in the present code. Second: The hearings provided for in book II, procedure of this code, shall become effective after its publication in the official register.

Third: them processes, performances and procedures in matter of execution of penalties custodial of freedom that are processed is when between in force this code, will continue to progress is according to the code of execution of penalties and others standards current to the time of your home and to your conclusion. Fourth: Processes, actions and procedures of repatriation are processed when it enters into force this code, will continue to progress is in accordance with national and international standards in force at the time of its inception and until its conclusion. Fifth: Processes, actions and procedures of offending adolescents that are processed when it enters into force this code, will continue to progress in accordance with the organic code of childhood and adolescence and other regulations at the time of its inception and to its conclusion without prejudice to compliance with the rules of due process provided for in the Constitution of the Republic. Sixth: The Council of the Judicature, within a period of 150 days from the publication in the official record of this code, organize the application of the special procedure provided for in book II, procedure, and will be the courts of violence against women or members of the family, in where you work, who assume the competence of the causes that are processed within processes police against women and the family in police stations of the Women and the family, national police and police Intendencias. In places where there are these specialized courts will be competent the judge of family, women, childhood and adolescence, or contraventions, according to the case, and in that order.

Seventh: The technical agency of the National Social rehabilitation, such as public health and policy within the period of ninety days from its formation system, will start in the centers of deprivation of liberty, the process of medical evaluation to persons deprived of freedom who, pursuant to his sentence, have developed a mental condition properly proven. Based on the report issued by the technical body, the judge prison guarantees will be the transfer of these people to a mental health center so that they proceed with the right treatment. Them and those servers that fail to comply with this provision will be sanctioned in accordance with the law.

EIGHTH: The Attorney General of the State, in coordination with the institutions involved in the system, will issue and approve regulations for regulation, implementation and management of the national system of protection and assistance for victims, witnesses and other participants in the criminal process and the specialized comprehensive research system of legal medicine and forensic sciences, within a maximum period of sixty days from the publication of this code in the official register.

120 supplement - official record No. 180 - Monday, February 10, 2014 ninth: the Judicial Council shall issue the regulations required for the implementation, application and compliance with the rules in book II, procedure, of this code, within a maximum of 150 days from the publication of this code in the official register. Tenth: The Judicial Council will implement the mediation centers for adolescents and shall issue the regulations required to implement, within the period of 150 days from the publication of this code. Tenth first: The President of the Republic, within a maximum period of sixty days from the publication of this code in the official register will conform the technical body of the system of Social rehabilitation, and nominate who will preside over it. TENTH second: Within a maximum period of sixty days after its formation, the technical body of the Social rehabilitation system will dictate the regulation for the implementation, application and compliance with the rules laid down in Book III, implementation of this code. TENTH third: The National Agency for regulation and Control of the land transport, transit and road safety, the transit Commission of the Ecuador and the autonomous governments that have taken on competition in transit, will dictate the rules for the implementation of the non-custodial sentence of freedom, within a maximum period of sixty days from the publication of this code in the official register. Tenth fourth: The Ministry of Justice, human rights and religious affairs, in coordination with the National Council on children and adolescents and the Ministry of Social and economic Inclusion, within the period of 150 days from the publication of this code in the official registry, shall adopt and approve the regulations so that the or the children who are in the care of a person deprived of liberty in detention centres is relocated in facilities appropriate to their rights or under the care of a close relative, ensuring permanent contact with parents deprived of liberty. Tenth fifth: The competent authority in the field of scheduled substances subject to control, within the period of ninety days from the publication of this code in the official register, issue table of quantities of scheduled substances subject to control for production or trafficking in minimum, medium, high and big scale, in order to establish the regulations relating to the quantities set out in the section on crimes by production or illicit substances listed to control. In the cases of tenure for the consumption, until is issued it table corresponding, is apply the resolution not. 001 CONSEP-CD-2013, posted in the second supplement not. 19 of 20 of June of 2013.

Tenth sixth: The Council of the Judicature, within a maximum period of ninety days from the publication of this code in the official registry, allocated the human and financial resources to operate the provisions contained in this code, including, with respect to the creation of new judiciaries, the file of technical hearings , the system of shifts and judicial special schedule in flagrante delicto and units to the creation and functioning of centres of mediation in the field of adolescent offenders. Tenth seventh: the Council of the judiciary, Ministry of Justice, rights human and cults, Prosecutor General of the State and Ombudsman public, in the term maximum of thirty days starting from the publication of this code in the record official, start it training of them and them judges, tax, to the personal of the police national, personal civil specialized, server and servers judicial staff that makes up the national system of Social rehabilitation, public defenders and advocates with legal regulations contained in the present comprehensive Penal organic code. 18th: In accordance with the provisions of the present Code, the Judicial Council in the period of 150 days from the publication of this comprehensive code of criminal, establish a system of exclusive email for electronic notifications in the judicial proceedings. The judicial server, without prejudice to physical notification, shall be obliged to notify this half orders, resolutions and administrative acts, decrees, cars and judgments. Its breach will be sanctioned in conformity with it willing in the code organic of function Judicial. Tenth ninth: The Ministry of Justice, human rights and religious affairs in coordination with the Council of the judiciary, within the period of 150 days from the publication in the official record of this code, interfered with electronic surveillance devices and their respective platform. TWENTIETH: Within a maximum period of sixty days from the publication of this code in the official registry, the public defender's Office will implement the legal defense of victims unit, in order to ensure full and equal access to justice for persons who, by their State of helplessness or economic, social or cultural condition unable to hire the services of legal advocacy for the protection of their rights. TWENTY first: until appoint the judges of prison security, knowledge of the implementation processes of the criminal convictions as well as control and judicial oversight of the prison system, the granting of parole, controlled freedom, prelibertad and safety row will correspond you to the Ministry of Justice and human rights affairs. TWENTY second: Within a maximum of 180 days counted from the publication of this code in the official registry, the Judicial Council of joint and coordinated manner with the supplement - official record No. 180 - Monday, February 10, 2014 - 121


Ministry of public health and the General Prosecutor's Office of the State, shall comply with the accreditation process of experts specialized in each one of the branches of health. TWENTY third: Within the period of one hundred and eighty days from the publication of this code, the Judicial Council will create technical offices with professionals in medicine, psychology and social work, to ensure the integral intervention of persons.

PROVISIONS REFORMATORIAS first: Replaced by all the provisions of the national legal system which says: 1. "Penal Code", "Organic comprehensive Penal Code" 2. "Code of criminal procedure", by "Organic comprehensive Penal Code" 3. "Code of execution of penalties", by "Organic comprehensive Penal Code" 4. "Judges and judges criminal ordinary" or "judges and judges criminal", by "judges and judges of guarantees criminal" 5. "Imputed" by "processed" and in which say "charged", "processed" 6. "Offended" by "victim" and say that "offended", by "victims" second: reformed the organic code of the Judicial function, the following provisions: 1. in article 108 after paragraph 8, add the following paragraph: "9. who does not notify timely orders, resolutions and administrative acts, decrees, cars and judgments."

2. in the article 109, replace is the numeral 8 by the following: ' 8. have received condemns in firm as author or accomplice of a crime fraudulent repressed with penalty of deprivation of the freedom. "

3. in article 109, add the following paragraphs: "17. Not appear to an audience, except for unforeseen circumstances or force majeure. 18. do not cite or notify investigated people when they have requested it in previous investigations; or to the persons prosecuted, procedural investigations for crimes of public action exercise."

4. in the article 130, replace is the numeral 7, by the following: "7. have the appearance of them parties procedural, witnesses and experts, whose presence is necessary for the development of the trial, by means of the police national." "This measure may not be more than twenty-four hours, but may be repeated as often as necessary until compliance is given to the order of appearance, notwithstanding that the judge or the judge imposed the fine of two unified basic worker wages in general, unless unforeseen circumstances or force majeure."

5. in article 131, replace paragraph 5 by the following: "5. punish the and private advocates appearing not to any court hearing, a fine of two basic unified worker wages in general, except for unforeseen circumstances or force majeure."

6. in article 131, add the following paragraph: "6. the other sanctions established by this code and other standards."

7. to below of article 147, add the following article: "Art-147.1.-unique coordination of hearings and inquiries system.-creates unique coordination of hearings and inquiries system composed of an integrated computerised system and technical personnel assigned for each of the bodies involved in the process, allowing the effective coordination among the subjects, parties and subsidiary bodies for the timely implementation of the hearings and criminal prosecutions to strictly observe the time limits in the different stages of the process.

"The Judicial Council shall issue the regulations required to adjust its structure and performance."

8. in article 153, paragraph 1, replace the word "acquittal" by the phrase "ratifying of innocence." 9. after the article 160, add is the following article: "Art.-160.1.-of the draw of them causes.-in all body pluripersonal of judging, are rooms of the Court national, of them cuts provincial or courts that have with more than three members for its conformation, is will determine to them or to them judges that must know the cause, through the system of draw determined by the Council of the judiciary."

10. replace is the article 200 by the following: "Art.-200.-number and requirements.-the number of them or them associate judges of the Court national of Justice and it room specialized to which will be assigned, will be determined by the Council of the judiciary in 122-supplement-registration official No. 180-Monday 10 of February of 2014 coordination with the President of the Court national of Justice." The associate judges will come from the competition of selection of the judges of the national court were not needed according to the obtained note. Where is don't have the sufficient number of eligible conjuezas and associate judges of the National Court Bench, will proceed to appoint to the and judges from the eighth level of the judiciary.

The associate judges, will have the same responsibilities and regime of incompatibility that the titular judges; shall carry out its functions in time full with dedication exclusive. In the provincial courts, tribunals and other bodies multi-member of judging, subro-delegation of the or the judges held it by lot, among other holders comprising the pluripersonal organ. In case of not having enough members, it will be drawn from among the members not securitized, in accordance with the criteria and per-tions dictated by the Judicial Council. This being the only mechanism of subrogation, the provisions common to this article and that they contradict, are understood as unwritten."

11 replace the second paragraph of article 206 by the following: "on the basis of technical studies, a Provincial Court may operate with a number less than the specialized chambers of the national court. The Council of the judiciary in accordance with the management model and report of feasibility that the effect takes place, will determine the respective responsibilities in accordance with the law, as well as the system of labour."

12. in article 208, replace paragraph 1 with the following: "1. know, in the second instance, the resources of appeal and nullity, even those who come from sentences in police proceedings and the other laying down the law."

13 replace the second paragraph of article 210 with the following: "the President or the President may integrate the room to which it belongs."

14. replace article 220 with the following: "Art-220.-guarantees criminal courts in each province, there will be the number of judges to be determined by the Judicial Council so that they integrate guarantees criminal courts." The or the judges are competent to meet and resolve the criminal processes assigned to them.

The Judicial Council shall determine the locality of residence and the territorial circumscription in which exercise jurisdiction courts. If you do not set it, means that it is provincial."

15 replace the paragraph 1 of article 221, with the following: "1. substantiate the trial stage and sentencing in all processes of public exercise of the action, that is the expected penalty for the crime that is judged, with the exception of the cases of immunity and those that must be processed by the direct procedure, or those determined by law."

16 article 222, replace by the following: "Art-222-allocation of causes for the knowledge of each cause, the Judicial Council shall establish the lottery system, which determined the or the three judges who will make up the Court;" "Similarly, by lot is selected or to the judge-rapporteur who will preside over the Court and shall have jurisdiction for actions for damages and other powers that establishes the law."

17 be replaced with article 223 the following: "Art-223-replacement of members of the Court-in case of his/her absence or disability of the or the judges who make up the Court, its replaced will be draw between the or the judges appointed by the Council of the judiciary, to form guarantees criminal courts." When the sufficient number of judges is not available for integrating the Court of Penal guarantees, shall be determined its replacement, by lot among the members that make up the respective Bank eligible, according to the system established by the Council of the judiciary."

18 replace the paragraph IV, section IV, chapter III, title III, with the following: "paragraph IV judges and judges of criminal guarantees Art.-224-judge or judge of criminal security.-in each province will be the number of judges and judges of criminal guarantees to be determined by the Council of the judiciary, which will indicate the location of their residence and the territorial district where they have competition." If you do not settle such determination means that competition is provincial. These judges will meet, will examined and will give judgment, as the case may be, in criminal proceedings that assign you the law. Art-225-competition-the and judges of criminal security, in addition to the powers conferred in the comprehensive code of criminal, are competent for: Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 123 1. Guarantee the rights of the processed person and the victim during the procedural stages, according to the powers and duties which the law gives you.

2 sort and practicing urgent evidence acts requiring authorization. 3 dictate measures precautionary and protective. 4 support and resolve the procedures of


exercise private penal action. 5 support and resolve shortcuts and direct procedures. 6 substantiate and resolve the causes in all processes of public exercise of criminal action to be determined by the law.

7. know and solve them resources of appeal that is formulated against them sentences dictated by them judges and judges of contraventions in the judging of violations against the law organic of defence of the consumer.

"8. the other cases that determined by the law."

19. in article 226, deleted the phrase "criminal military, of the police." 20 deleted article 227. 21 Article 230 replace by the following: "Art-230-competence of the judges and judges of prison security at locations where there is a social rehabilitation centre there will be, at least, one or a judge of prison security." Them and them judges of guarantees prison will have competition for the conduct of rights and guarantees of people private of freedom with sentence conviction, in the following situations legal: 1. all them guarantees jurisdictional, except the action extraordinary of protection. 2 solve challenges of any decision emanating from the competent authority relating to the prison system.

3. know and substantiate the proceedings concerning the granting of regimes semi-open and open. 4. the resolutions that grant immediate release for compliance with penalty. 5. the unification and prescription of penalties by the administration of Justice criminal, both national and foreign.

6 control the compliance with and implementation of parliamentary or presidential pardon.

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 in what corresponds.

8. the violations to the status of released of them people that have completed the penalty and any discrimination by last judicial of these people. In locations where there are no guarantees penitentiary judges, the competition will be of any judge.

9 meet and resolve the legal status of persons deprived of their liberty when it has enacted a subsequent law more benign.

"10. the other powers established in the law." 22 article 231 replace by the following: "Art-231-competence of the judges and the judges of contraventions in each district will be the number of judges and judges of infringements established by the Council of the judiciary, with the determination of the location of his residence and the territorial district where they have competition." In case of not settling this determination, means it's cantonal. They shall be competent to: 1. know facts and acts of violations of violence against women or the immediate family member, provided that in his jurisdiction there are no judges or judges of violence against women or the immediate family member.

2. know typified in the comprehensive code of criminal contraventions. 3. know them infringements to the rules of the law organic of Defense to the consumer. 4 know the preprocesales proceedings of material evidence in criminal and civil matters, notification of the protests of checks and carrying out procedural actions that are deprecadas or commissioned.

5. the Council of the judiciary will determine the number of judges and judges of infringements in accordance with the needs of the service.

6. exercise the other powers that set the law. The decentralized autonomous governments shall meet and substantiate the violations set forth in bylaws and impose corresponding sanctions that do not involve deprivation of liberty." 23 article 232 replace by the following: "Art-232-competence of the judges and judges of violence against women or the family member in each canton, taking into account criteria of population density, prevalence and severity of the 124 - supplement - Registro Oficial Nº 180 - Monday, February 10, 2014 violence, there will be the number of judges and justices of the violence against the woman or member of the family that established the Council of the judiciary" , with the determination of the location of his residence and the territorial district where they have competition. They will be competent to: 1. learn the facts and acts of violence and contraventions of violence against the woman or member of the family.

When applying protection measures provided for in the applicable law, simultaneously the judge may fix the corresponding food pension that, while this measure must satisfy the aggressor, taking into account the subsistence needs of people affected by the attack. Will also correspond you to the or the judge run this provision in the event of non-compliance.

2 to exercise the other powers that set the law.

The Judicial Council will create technical offices with professionals in medicine, psychology and social work; to ensure the integral intervention."

24. at the end of paragraph 4 of article 234, replace the phrase "adolescent offenders; and,"for"young offenders". In addition, following this paragraph add the following subparagraph: "Knowing and resolve in the first instance the cases involving adolescent offenders in the cantons where there is no judge or judge of adolescent offenders."

25 Article 248, replace by the following: "Art-248-social volunteer work the or the justices of the peace shall carry out their functions as a volunteer for community service." The Judicial Council shall establish a system of incentives for the justices of the peace, such as training courses, scholarships for studies in the country or abroad, public recognition for good performance, among others."

26 article 249, replace by the following: "Art-249.-jurisdiction and competence-there will be judges and justices of the peace in those rural parishes in which the respective parish governments request it." Districts, precincts, annexes, communities and rural neighborhoods, there will be judges and justices of the peace at their request according with the provisions issued by the Council of the judiciary. Also, the Judicial Council will determine the territorial constituency in which the judges and justices of the peace to perform their duties, as well as its organization."

27 removed article 252.

28 article 253 replace by the following: "Art-253-powers and duties-the judges and justices of the peace shall have the following powers and duties: 1. meet and resolve, on the basis of conciliation and equity, individual, community, neighbourhood conflicts and economic obligations of up to five basic unified worker wages in general, referred to his knowledge" , in accordance with the provisions of the law on the matter.

2 they shall know contraventions not involving deprivation of liberty.

3. in cases of violence against women, children, girls and adolescents them judges and judges of peace shall send the record to the judge or authority competent of their respective jurisdiction. In no case will know or will resolve about them themselves.

4. If in the course of the process an of them parts puts in knowledge of the judge or judge of peace that the case matter of the conflict is is already in knowledge of the authorities of a community, people or nationality indigenous is proceed of conformity with it willing in them articles 344 and 345 of this code.

"The Justice of peace do not prevail on the justice indigenous." (29 replaced the literal b) of paragraph 8 of article 264 by the following: "(b)) establish or modify the headquarters, management model and specify the competition that will perform the boards of provincial courts, criminal courts, administrative and tax contentious courts judges and judges of first level, except the competition because of the immunity. "A courtroom or judge of first level, can act and exercise at the same time several competitions."

30. in the second subparagraph of article 291, removed the phrase: "at the request of the highest authority and". 31. in article 335, replace paragraph 10 by the following: '10. "Leave at any hearing or judicial diligence, where its presence is necessary for the conduct of the trial, except by unforeseeable circumstances or force majeure duly proved."

32. in article 335, add the following paragraph: '11. Other prohibitions laid down in this code." 33. to below in number 5 of article 337, add the following number: Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 125 "6. When they are not brought to any hearing or judicial diligence, where its presence is necessary for the conduct of the trial, except for fortuitous or force major. The suspension will last two months."

Third: In the organic code of the production, trade and investment reform the following provisions: 1. Article 175 be replaced by the following:


"Article 175.-Customs violation.-are customs offences, contraventions and misdemeanours regulations provided for in this code." To the punishment of contraventions and regulatory failures just simple transgression to the standard. In the event that you enter or try to extract from the Ecuadorian Customs territory, goods not suitable for human consumption, the district director will order its immediate destruction at the cost of the owner, consignante, fork or declarant if this is identified and traceable, otherwise, will be paid by the national customs of Ecuador."

2. in the article 188, delete is the phrase "established in the present code." (3. in the article 190, after literal m), add is them following literal: "(n) them behaviors of receiving stolen goods and fraud customs typed in the code organic comprehensive criminal, with regard to goods whose amount is equal or lower to cent fifty wages basic unified of the worker in general." (o) the behaviour of smuggling typified in the Integral Penal organic code, with respect to goods whose amount is less than ten unified basic worker wages in general."

4. in article 191, the following literal added: "g) in the case of the literal n and o;" "with a fine equivalent to three times the value of the goods subject of the offence."

Fourth: In the tax code reform the following provisions: 1. Article 315 be replaced by the following: ' article 315-kinds of violations.-for purposes of prosecution and punishment, tax offences are classified as contraventions and regulatory failures. " They constitute contraventions procedural rules violations or breach of duties formal, consistent in this code and other laws.

They constitute faults statutory regulations or compulsory general secondary rules violations."

2. replace article 316 by the following: "article 316.-elements for the punishment of contraventions and missing statutory, suffice the transgression of the norm."

((3. in the article 323, delete is the literal i) and the literal j). 4. replace Article 329 by the following: "Article 329-computation of pecuniary sanctions-pecuniary sanctions will be imposed in proportion to the value of the taxes which, by action or omission sought to evade or to the real matter of infringement." When taxes are determined by the value of the goods or property referred to in the offence, its market value will be considered in the Commission. Pecuniary sanctions for contraventions and regulatory failures shall be imposed in accordance with the amounts specified in this code and other tax laws."

5 be replaced with article 340 the following: ' article 340-prescription of the action-actions for contraventions and misdemeanours regulations will prescribe in three years, since they were committed. "

6. replace is the article 341 by the following: "article 341.-prescription of them penalties pecuniary.-them penalties pecuniary, will prescribe in five years counted from the date in which is ejecutoríe it resolution or sentence that it imposed and is interrupted by the citation of the auto of payment, in the same form that them obligations tax."

Fifth: The law of tax reform the following provisions: 1. in the fourth subparagraph of paragraph 11 of article 10, disposed of, at the end of the paragraph, the phrase "otherwise deemed fraud."

2. replace paragraph 3 of article 50 by the following: "3. the non-delivery of the withholding statement the taxpayer shall be punished with a fine of up to five percent (5%) of the amount of retention."

3. remove the last subparagraph of article 63. 4 remove the second subparagraph of article 64.

126 supplement - official record No. 180 - Monday, February 10, 2014 sixth: reformed the following provisions in the Migration Act: 1. replace article 24 with the following: "article 24.-If the alien subject to deportation action is stopped, the judge or justice of infringements prior to the commencement of the procedure, ask the judge or judge of criminal guarantees the adoption of measures precautionary and protection applicable in the organic code criminal Integral."

2. replace article 31 by the following: "article 31.-where the deportation order can not be done because it is a stateless person, by lack of identity papers or other cause, the judge or acting judge of contraventions, shall make it available to the o judge guarantees criminal so you replace pre-trial detention by some measures precautionary and protection established in the comprehensive Penal organic code" , while is to achieve the implementation of the order of deportation. After a period of three years without run the deportation order is regularize their stay in the country."

3. in the first paragraph of article 37, replaced the phrase "Criminal procedure code" by the phrase "Organic comprehensive Penal Code."

4. in the article 37, in the paragraph IV, at the end of the subsection first replace is the phrase "in the chapter III of the title IV of the code criminal", by the phrase "in the code organic comprehensive criminal."

Seventh: In the first paragraph of the second innumerado of article 138 of the Mining Act, replace the phrase "with the penalties for the offence of perjury" by the phrase "with the organic comprehensive Penal Code." EIGHTH: Replace article 121 of the basic law institutions of the financial system with the following: "Art-121-the natural or legal persons that do not form part of the financial system and do not meet the respective certificate issued by the Superintendency of banks, shall be expressly prohibited operations reserved for institutions that make up this system, especially the capture of resources of the public" except for bond as it is appropriate under cover of the securities market law. They can not be propaganda or use of notices, letterheads, posters, receipts, titles or any other means to suggest that the business of that person is turning financial or insurance. The Superintendent shall issue the regulation on this matter. In the case that, in the opinion of the Superintendent, you can presume that there is an infringement of the provisions of this article, the Superintendent will have, regarding alleged offenders the same powers of inspection conferred by this law with respect to controlled institutions.

The Superintendent will order the suspension of the financial operations carried out in contravention of this article. In addition, apply to persons the taking a fine equivalent to ten per cent (10%) operations fundraising from the public that they have made, which may not be less, in any case, to the equivalent of 10,000 Vcus. The imposition of sanctions, in no event will relieve the offender of the fulfilment of obligations."

NINTH: The law of land transport, transit and road safety, reform the following provisions: 1. replace article 97 with the following: "Art-97-establishing the scoring system applied to driver's licenses, for cases of Commission of traffic violations, in accordance with this law and the respective regulations."

Driver's licenses will be awarded under the scoring system; at the time of its broadcast, the document will have rating for all categories of drivers applicable licenses for those who obtain it for the first time, proceed to renew it or change the category. Driver's licenses will be awarded 30 points for their regular term of five years, and a reduction of points system will be used for each offence committed."

2. replace article 147 by the following: "Art-147-the prosecution of traffic offences set out in the comprehensive Penal organic code, will be in sentence form to the judges and judges of transit within their respective territorial jurisdictions, or to those who do their times, and the other authorities specified in the organic code of the Judicial function." For the prosecution of contraventions in transit laid down in the comprehensive criminal code, courts of contraventions of transit, will be created in the provincial capitals and in the cantons that warrant, under the jurisdiction of the Judicial function. For control and enforcement of contraventions of transit laid down in the comprehensive code of criminal, will be competent the autonomous regional, municipal governments and metropolitan territorial constituency where has been committed the contravention, when they take on competition; and the Commission's transit of the Ecuador in its jurisdiction. When the agent of transit of the Government autonomous decentralized to sanction a violation involving deprivation of liberty, may require extra - registration officer Nº 180 - Monday 10 February 2014 - 127 immediately the assistance of the national police or the Commission's transit of the Ecuador for the arrest of the offender."

3. replace article 165.1 by the following:


"Art-165.1.-in cases of traffic accidents to ensure safety citizen, civil operators of transit at the sites where the decentralized autonomous governments exercising powers or the Commission's transit of the Ecuador (CTE), in accordance with their jurisdiction, will take procedure and must develop the part of corresponding traffic accident." Vehicles stopped by traffic accidents will be moved to the courtyards of vehicular retention, which shall be borne by the autonomous decentralized Governments that have taken on competition, the National Agency for regulation and Control of the land transport, transit and road safety (ANRCTTTSV) or of the Commission's transit of the Ecuador (CTE) in their respective jurisdictions, to continue with the chain of custody which will serve for the relevant law proceedings."

4 replace the TWENTYFIRST General provision with the following: "TWENTYFIRST: in matters not provided for in this law, shall observe provisions in the organic comprehensive Penal Code, organic code of the Judicial function and the code of Civil procedure, if applicable, the nature of the oral adversarial criminal proceedings."

5. Add is below of the available General VIGESIMASEXTA the following available general: "VIGESIMASEPTIMA-the Agency national of transit, in a term of ninety days will ensure the hundred percent of coverage of the transport public and commercial in all the territory Ecuadorian, especially for the sector rural." For this purpose will determine the conditions in the respective regulations."

6 the transitional provision VIGESIMASEGUNDA replaced by the following: "VIGESIMASEGUNDA-agency national regulation and Control of land transport, transit and safety Vial, form and train civilian officers to exercise their responsibilities for national traffic control." Once you have public servants necessary for such purposes, they will be relieved to the national police and its dependent units in their control activities in transit and investigation of traffic accidents, and this staff be reassigned to other functions according to the institutional needs of the national police. Until this happens, the service's investigations and accidents of transit (SIAT), the national police, will continue to operate as they had been doing until the Office of investigations of accidents of transit (ÖIAT) of the Commission's transit of the Ecuador assume its powers. The provincial headquarters and Subjefaturas of Control of traffic and road safety of the national police, will continue to function as organisms of control and monitoring of traffic and road safety, within its jurisdictional limits pursuant to the resolutions of the National Agency for the regulation and Control of land transit transport and road safety and in accordance with this Act, until ", autonomous governments decentralized regional, metropolitan or municipal and Ecuador Transit Commission to assume its powers within their jurisdictions."

Tenth: The law to repress the laundering, reforming the following provisions: 1. disposed of in the article 7 literal f) letter "and". 2. add it in the article 7 the following literal: "(h) the Superintendent or Superintendent of economy Popular and solidarity."

Tenth first: in the law of substances narcotic and psychotropic, replace is all the chapter second of the title fifth by the following: "chapter second of them sanctions administrative and of the procedure section I of them sanctions administrative Art.-89-of them sanctions-the breach of the obligations established in this chapter, is will sanctioned with: 1. fine." 2. temporary suspension of qualification. 3. confiscation of substances.

Art-90.-registration and report.-the natural and legal persons qualified, as well as those who handle drugs containing scheduled substances subject to control, maintain an up-to-date register of its production, marketing and use, and must report the actual data on its production, existence and sale, within the period of the first 10 days of the month following. The breach of this obligation will be sanctioned with fine of a salary basic unified of the worker in general. Art-91-exchange of data-rated natural and legal persons shall documented within thirty days of the changes: legal representative, technical representative, winemakers, 128 - supplement - official record No. 180 - Monday, February 10, 2014 corporate name, reform of statutes, domicile; definitive suspension of activities and use of scheduled substances subject to control and medicinal products containing them.

Failure to comply with this obligation shall be punished with a fine of a unified basic salary of the worker in general.

Art-92-pre-shipment inspection for destruction of substances-qualified legal and natural persons will apply to CONSEP inspection, prior to the destruction of the scheduled substances subject to control and medicinal products containing them. Failure to comply with this obligation shall be punished with a fine of two basic unified worker wages in general. Art-93 - notification of arrival-the importer of scheduled substances subject to control and medicinal products containing them, shall inform CONSEP with seventy-two hours in advance of the arrival of the relevant substance.

The breach of this obligation will be sanctioned with fine of a salary basic unified of the worker in general. Art.-94.-sale natural or legal persons not qualified-the natural or legal person qualified to sell controlled listed substances to natural or legal persons who do not meet the qualification granted by CONSEP, shall be punished by a fine of one to ten unified basic worker wages in general. Art-95-notification of claims.-qualified natural and legal persons shall notify CONSEP when there are spills, losses or any other loss occurred with the scheduled substances subject to control and medicinal products containing them, within a period of twenty-four hours. Failure to comply with this obligation shall be punished with a fine of two basic unified worker wages in general. Art-96-excess of quota-qualified legal and natural persons may not exceed the annual quota authorized by CONSEP for the handling of scheduled substances subject to control and medicinal products containing them.

Failure to comply with this obligation shall be punished by a fine of one to ten unified basic worker wages in general. Art-97 - mobilization leaderless transportation.-qualified natural and legal persons must obtain a guide of transport granted by CONSEP, which will carry during the mobilization of scheduled substances subject to control and medicinal products containing them, outside of the cantonal jurisdiction. The breach of this obligation will be sanctioned with fine of one to ten wages basic unified of the worker in general. Art-98.-authorization of import or export.-natural and legal persons qualified as importers or exporters will apply to CONSEP, prior to embarkation, the authorization to import or export scheduled substances subject to control, mixtures or medicines containing them, detailing the terms of identification, weight or volume, concentration, and other requirements laid down in the regulation.

Breach of prior authorization for the import or export, will be punished with a fine equivalent to twice the value in custom of substances and confiscation of imported substances.

Excesses in the importation, exceeding: the range established by the national customs authority for goods in the bulk and the MPEs in verification of weight, shall be punished with a fine equivalent to twice the value in customs of the substances in excess and confiscation of exceeded substance.

Art-99.-obligations General-institutions, agencies and public sector servers and natural or legal persons from the private sector are required to provide the information and to provide collaboration that determines this Act or established authorities to compete its application. Failure to comply with this obligation, shall be punished with a fine of two basic unified worker wages in general. Art-100.-recidivism-the recidivism in breach of the obligations set forth in this chapter, shall be punished with double the fine established in the last resolution and temporary suspension of qualification by within forty-eight hours. Art-100-a-joint and several liability.-If the fines for administrative misconduct is require to establishments, companies or legal entities of private law, its legal representatives, owners or managers will be jointly and severally responsible for the payment.

SECTION II administrative procedure Art.-100-b-competition-breach of the obligations set forth in this chapter shall be punished administratively by the directors supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 129


Regional CONSEP according to its jurisdiction and by the National Director of legal advice in the province of Pichincha. Resolution of the regional directors and National Director of legal advice, may appeal ultimately, within the period of fifteen days before the Executive Secretary of CONSEP, who shall take a decision within a period of sixty days. Administrative sanctions shall be established in accordance with the administrative procedure, laid down in the Statute of the regime legal administrative and the function Executive; without prejudice to the civil and criminal penalties has place. The sanctions by fouls administrative must be cancelled in the term of three days, counted starting from the notification of the resolution respective. "Art-100-c-prescription-administrative failures and the sanctions provided for in this chapter prescribe within the period of ninety days."

TENTH second: In the law organic of the Comptroller General of the State, replace article 26 by the following: "article 26.-reports of auditing and approval.-reports of governmental audit, in its different kinds and forms, will have content that establish the auditing standards and more regulations of this Act, including the opinion of the Auditors, as appropriate" , and the reference to the period under review. These reports will be processed from the issuance of the order of the audit work, until the adoption of the report within a maximum period of one hundred eighty days extended. "The reports, then signed by the director of the relevant administrative unit, they shall be approved by the Comptroller General or his delegate in the maximum period of thirty days extended and they will be sent to the highest authorities of the institutions of the State examined immediately."

TENTH third: In the law against violence to women and the family, replace article 3 by the following: ' article 3.-scope of application-are considered members of the immediate family spouse or the spouse, the couple in a common-law union or union free, partner, ascendants, descendants, sisters, brothers, relatives up to the second degree of affinity and people that stays " ", or has maintained family, intimate, emotional, marital links, coexistence, courtship or coexistence."

Tenth fourth: in the code organic of the childhood and adolescence reform is the following provisions: 1. at the end of the article 259 Add is the phrase "and them judged of adolescent offenders."

2. replace is the article 262 by the following: "article 262.-competition of the judges of adolescent offenders." It corresponds to the judges of adolescent offenders within their respective territorial constituencies, knowledge and resolving issues related to the responsibility of the teenager who is the books fourth and fifth.

In the cantons in which there is no judge of adolescent offenders knowledge of causes will correspond to the judge's family, woman, childhood, and adolescence."

3. for the following of article 305 Add the following article: "article 305-a.-age and identity verification." The checking of the age e identity of them teenagers is held before the first audience, for which is will appeal a: 1. any document public of identification; or, 2. Relevant scientific testing performed by an expert.

In case of refusal of the teenager to the realization of the scientific evidence, the Prosecutor will request warrant for the practice of expertise guaranteeing due process.

In any case you will Decree the deprivation of liberty for the purpose of checking the age or identity."

4. in articles 306, 308 and 327 replaced the phrase "criminal law" by "the organic comprehensive Penal Code." 5 replace the second paragraph of article 308 with the following: "Not be taken measures if there are causes of innocence or causes of exemption from responsibility."

6. in the article 315 replace is the word "lawyers" by "advocates public or private." 7. in article 317, third paragraph, after the word "destroyed." add the following: "the original judgment or a certified copy thereof will be preserved to maintain a record for statistical purposes, for a possible interposition of judicial review".

8 replace the last paragraph of article 317 with the following: "with the exception of teens sentenced for crimes with more than ten years imprisonment, the certificate of criminal records will not contain records of violations committed while the person was a teenager. "Who you make will be subject to the sanctions of law."

9. in article 323 removed the word "accused."

130 supplement - official record No. 180 - 10 February 2014 10 Monday. In article 326, replace the word "Director" by the of "Coordinator." 11. in the article 329 eliminate is the phrase "preliminary or to it." 12. in article 330 replaced the literal a and b by the following: ' a) of teens that don't comply with fourteen years of age, in the prosecution of crimes of robbery resulting in death, homicide, murder, femicide, murder, rape, kidnapping for ransom, genocide, humanity and organized crime. "

(b) of teenagers who fourteen years ago, in the prosecution of crimes punished in the organic comprehensive Penal Code with imprisonment of more than five years."

13. in article 332 removed the word "accused" and the phrase "articles 2246, 2247 and 2248 of the Civil Code" shall be replaced by "of the Civil Code relating to bail."

14 remove the articles 333, 338, 341, 353, 355 and 358.

15 article 334 replaced by the following: "article 334.-the exercise of the action." The exercise of the action for the trial of the teenager corresponds only to the Prosecutor. Infringements of private action would be treated as public criminal action. Comprehensive repairs proceed without particular accusation."

16. for the following of article 334, added the following articles: "article 334-a-requirements. The exercise of action in criminal cases is barred in three years and contraventions in thirty days from its Commission. The educational measures will be prescribed at the same time of their imposition. In no event be less than six months from the day in which the sentence is ejecutorió."" Article 334-b. related offences. In the event that there are related offences, the socio-educational measure of the more serious offence will be imposed."

17. in article 335 replace the word "tried" by "processed" and "offended" by "the victim." 18 article 336 replace by the following: 'article 336.-fiscal of adolescent offenders. Prosecutors of adolescent offenders have the following responsibilities: 1. conduct pretrial and trial research.

2 decide if you justify the exercise of criminal action according to the merit of their research.

3 seek forms of early termination of the process, in cases where appropriate. 4 decide the remission, in cases where appropriate. 5. to request admission to the system of protection of victims, witnesses and other procedural subjects. 6. direct the police investigation in cases that instructs.

7 other functions which is designated in the law." 19 article 337 replaced by the following: "337 article. The victim-the victim will report the facts to the public prosecutor, participate in the process and the remedy, when it deems necessary for the defense of their interests."

20 article 340 replaced by the following: "article 340.-stages-process for the trial of the teenager has these stages: 1. instruction." 2. evaluation and judgement high school. 3 trial."

21. in the first section of the second chapter, title IV, of the book de el Libro Cuarto room be replaced with "The procedural investigation stage" "Preliminary investigation and instruction."

22. replace article 342 with the following: "article 342.-preliminary investigation." Before the statement, the Prosecutor may investigate the facts that come to its knowledge that the participation of a teenager be presumed by any means. The preliminary investigation shall not exceed four months in the offences punished with a custodial sentence of up to five years, or eight months in those liable to punishment exceeding five years. After the designated deadlines the Prosecutor, within the period of ten days, shall exercise the prosecution filed the cause, or in case of failure to do so, that omission shall be regarded as slight infringement in accordance with the organic code of the Judicial function. Within the deadlines set for the investigation, the Prosecutor will request the competent judge indicate day and time for the hearing of formulation of charges, provided that there are sufficient elements. The formulation of charges hearing will take place in accordance with the rules of the comprehensive code of criminal."

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 131 23. Then Article 342 inserted the following articles: "article 342-a.-rating of flagrante delicto audience." In cases of flagrant infringement, within twenty-four hours from the apprehension took place, will be the oral hearing before the competent judge, which will qualify the flagrante delicto and the legality of the arrest. The Prosecutor shall formulate charges and irrelevant request measures precautionary and protection that the case warrants.


Article 342-b.-mental disorder. The teenager who suffer temporary or permanent mental disorder and commits an offence, shall not be liable criminally, however, will be the competent judge who will issue a proportional security measure, following a psychiatric report of a professional appointed by the Prosecutor.

The competent judge shall maintain the execution of the imposed measure or will Decree its revocation, ex officio or upon request of a party, in the audience, with a report from a psychiatrist appointed to the effect."

24. replace is the article 343 by the following: ' article 343.-duration of the instruction. " The stage of instruction will last forty and five days extended, numbered starting from the date of the audience of formulation of charges, without prejudice of that the fiscal point a term less for its conclusion. In the case of flagrante delicto, the statement shall not exceed thirty days. If they appear in the process data of those who suspected the involvement of another teenager in the researched fact, the Prosecutor will ask audience for bonding. The instruction will remain open for a further period of twenty days, only once, from audience bonding that shall be carried out within the period provided for the instruction. The audience is will take to Cape with the participation direct of the adolescent and his Defender public or private. The Prosecutor who fails to comply with the time limits set out in this article, shall be punished in the manner provided by law."

25 article 344 replaced by the following: ' article 344.-Conclusion of instruction. " Completed instruction, if not determined the existence of the offence being investigated or the responsibility of the teenager, the Prosecutor shall deliver its opinion abstentivo by writing and so motivated within a maximum of five days requesting the competent judge issued the dismissal. In this case, cease immediately any injunction that you were against the teenager.

"In the case that determined the existence of the offence and deemed that the teenager participated in the fact, it shall request the competent judge indicate day and time for the hearing of assessment and preparatory trial in which the Prosecutor shall deliver its accusatory opinion."

26 replace subsection first article 345 by the following: 'article 345.-conciliation. "He fiscal may promote the conciliation provided that the crime is sanctioned with penalties custodial of freedom of up to ten years."

27. in the third subparagraph of article 345, removed the phrase "of childhood and adolescence." 28. in article 346 removed the phrase "of childhood and adolescence." 29. replace is the article 347 by the following: ' article 347.-conciliation promoted by the judge. " The competent judge may promote a conciliation agreement, provided that the offence be punishable by custodial sentences of up to ten years. This will be proposed at the assessment hearing and preparatory for judgment. If the conciliation agreement, it shall be recorded in minutes in accordance with the preceding article."

30. in article 348 replace the second and third subparagraph by the following: "the conciliation agreement reached at hearing evaluation preparatory trial or approval by the judge of the agreement promoted by the Prosecutor are compulsory and once completed fully, put end to the process." In case of breaching the obligations contained in the agreement, the judicial officer competent will continue to progress the procedure initial. The period of realization of the obligations undertaken in conciliation, will not fall for the computation of the prescription of the action. If one or more of the victims do not accept the conciliation, the prosecution will continue and will survive their right to compensation."

31. for the following of article 348, added the following articles: "Art. 348-a-criminal mediation. Mediation allows the exchange of views between the victim and the teenager, during the process, so they confront their points of view and manage to solve the conflict remain. You can refer to the repair, restitution or compensation for the damage caused; conduct or abstention from certain conduct; and, provision of services to the community. Proceed in the same cases of conciliation."

132-supplement-registration official No. 180-Monday 10 of February of 2014 Art. 348-b-request. At any time before the conclusion of the stage of instruction, any procedural subject may ask the judge, submit the case to mediation. Once accepted, the judge will refer to a specialized Mediation Center. The parents, legal representatives or responsible for the care of adolescents will participate in the mediation in conjunction with procedural subjects. Article 348-c-General rules. The mediation shall be governed by the following rules: 1. existence of free, informed and free from vices by the victim consent and the express, free and voluntary acceptance of the teenager.

2 if there is a plurality of adolescents or victims, the process will continue to respect those who do not concur to the agreement.

3. in the event of failure to reach an agreement, the statements rendered at the hearing mediation not have probative value.

4. the Judicial Council shall keep a record quantitative and without personal data of adolescents and their families, which will leave constancy of cases undergoing mediation and the results thereof.

5. the mediation will be in charge of specialized mediators, accredited by the Council of the judiciary.

6. the Judicial Council will organise mediation Affairs of teenagers centers. 7. notifications shall be made in box judicial, legal domicile electronic or in an email marked by procedural subjects.

8. the Act of mediation is sent to the judge that led the cause to the center of mediation respective.

Article 348-d-effects of the mediation. A time complied with the agreement, the judge will declare extinguished the action criminal. In case of breach, they will continue with the process initial. "The deadlines of the agreement not is charged for the computation of the prescription of the exercise of the action."

32. replace is the article 349 by the following: "Art-349.-Suspension of the process to test." He fiscal, until in the audience of evaluation and preparatory of trial, may propose the suspension of the process to test, if there is the consent of the teen and is is of crimes sanctioned with penalty custodial of freedom of until ten years.

Presented the request, the judge will convene to audience and if the victim assists, will be heard. The presence of the defender of the adolescent is a requirement of validity. The period of suspension of the process to test, not it is booked for the computation of the prescription of the action."

33 to following article 349, insert the following: "article 349-a-car suspension-suspension of the process to test car will contain: 1. the lengthy relationship of the facts and the determination of the criminal type." 2. the socio-educational measure of guidance and support psycho family partner. 3. the repair of the damage, if any. 4. the conditions or terms of the agreed obligations, which cannot be less than a quarter of the time of possible measurement to be applied in case of being responsible for crime and never will be more than the third part of the same.

5. the name of the institution responsible for providing orientation or support psycho family member and the reasons justifying it.

6. the obligation of the adolescent to inform the Prosecutor of changes in the address, place of work or education center."

34. in article 350, removed the phrase "of childhood and adolescence." 35 Article 351 replace by the following: ' Article 351.-remission with judicial authorization. " CABE remission in the offences punished with custodial sentences of up to five years, when the following requirements are met: 1. that are available with the consent of the adolescent. 2. that the teenager not has imposed le a measure educational partner or previous referral by a crime of equal or greater severity.

By referral the teenager will be led to any program guidance and support services to the community or assisted liberty, psycho family partner. Remission does not imply recognition of the infringement by the teenager and extinguished the process provided the program is fully met.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 133 the judge may grant the remittal of the case at the request of the Prosecutor or of the teenager. The request will be proposed at the assessment hearing and preparatory for judgment. If the victim attends to the audience, will be heard by the judge. He auto that grants the remission will contain the relationship stage of them made and them fundamentals legal; "the determination of the program's orientation to which is referred and its duration."

36. replace is the article 352 by the following: ' article 352-remission tax. " "If the infringement investigated is of those sanctioned with penalty custodial of freedom of until two years and if is has remediated to the victim them damages resulting of the infringement, the fiscal may declare the remission of the case and archive the record."

37. in the section third of the chapter second, title IV, of the book room, replace is "the audience preliminary" by "audience of evaluation and preparatory of judgment."

38. replace is the article 354 by the following:


"Art. 354.-charge tax." The prosecutor asked the judge, indicate day and time for the completion of the assessment hearing and preparatory trial in which will decide if there is enough to proceed with the trial of the teenager. This hearing will take place within a minimum period of six and a maximum of ten days from the date of the application. The fiscal accusation shall meet the requirements provided for in the comprehensive code of criminal."

39 article 356 replaced with the following: "article 356.-assessment hearing and preparatory trial." Hearing evaluation and preparatory trial will take place in accordance with the following rules: 1. installed the hearing, the judge will request the procedural subjects in deciding on formal defects with respect to the proceedings. If relevant, will be they repaired at the same hearing.

2. the judge will resolve on issues of procedure, prejudice, competition and issues of procedure that may affect the validity of the process. Be declared invalid whenever it may influence the decision of the process or cause helplessness. Omissions liable to the judges that it incurred, who will be sentenced in the respective coasts.

3. the judge shall grant the word to the public prosecutor so you expose the foundations of his indictment. Then the victim of being present and the defender of the teenager will be.

4. at this hearing proposals for conciliation, suspension of the process to test or remission may be made.

5 after the intervention of the subjects due process, if there is no procedural defects affecting the procedural validity will continue the hearing, to which the Parties shall: to) announce the evidence that will be presented at the hearing of the trial, formulate requests and approaches that they consider relevant concerning the supply of test carried out by other actors.

(b) request the exclusion, rejection or inadmissibility of evidence, in accordance with the provisions of the law, which are aimed to prove notorious facts or that otherwise do not require proof.

The judge shall take a decision motivated by rejecting the objection or accepting it shaped and in the latter case, declare what evidence are ineffective procedure excluding the practice of illegal test means hitherto.

(c) them agreements evidentiary is held by mutual consensus between them parts or to request of an of them when the made is unnecessary test, including on the appearance of them experts for pay testimony about them reports presented.

6. in any case the judge will order the practice of nursing tests. 7 conclusion of the interventions of the procedural subjects, the judge announced verbally resolution dismiss or summon trial hearing; and, within forty-eight hours the advertised resolution will be submitted in writing and motivated.

8. in the end, the reason for the realization of the audience which includes the identity of the witnesses and the resolution of the judge will sit.

In case of accepting an early form of termination or suspension of the process, the judge will according to the provisions in the rules for the remission, suspension test and conciliation."

40 replaced the fourth section of the second chapter, of title IV, of the so-called fourth book "Trial hearing" with the following: "fourth section the audience of trial Article 359.-judgment hearing-trial hearing will be sustained on the basis of the fiscal accusation.

134 supplement - official record No. 180 - Monday, February 10, 2014 the judge specializing in adolescent offenders will declare installed trial hearing, on the day and time designated, with the presence of the Prosecutor of offending adolescents, adolescents, together with their private or public defender. If to the moment of install it audience, the teen is is absent, is sit reason of this made and is suspended the audience to count with your presence. The judge will have them measures necessary to ensure his appearance. In case of not appear all of the witnesses or experts summoned to give testimony, the judge will ask parties procedural the relevance of continuing the audience with those who are present listening to their arguments. Finally, the judge shall decide on the continuation or not of the hearing. The day and time indicated, the judge will install the trial, giving the word both to the public prosecutor, the victim be present, and to the defense of the teenager to present their opening arguments, before the presentation and examination of the evidence.

The practice of testing will take place according to the rules laid down in the comprehensive code of criminal. Article 360.-allegations of close-finished the test, the judge will grant the floor to argue about the existence of crime, responsibility for the teenager and the measure applicable socio-educational, in accordance with the following order and provisions: 1. the Prosecutor and the defense will present, in that order, their arguments or allegations. If the victim requires it it will intervene after the Prosecutor. There will be a right of the reply.

2. the judge shall defined in each case, the maximum length of time for the arguments of conclusion, in view of the volume of the test view at the hearing and the complexity of the resulting positions of the facts contained in the indictment.

3. Once submitted the allegations, the judge will declare the end of the debate and will deliberate to announce the oral ruling on responsibility and the socio-educational measure.

4 where is ratified the innocence of youth, the judge will have his immediate release if he is deprived of it, will lift all the precautionary measures imposed and issue corresponding orders without delay. The release order shall be immediately even if it is has no enforceable judgment or resources stand.

Article 361-the sentence.-the decision oral of the judge specialized in adolescent offenders will be reduced to written in sentence.

It sentence will contain both it motivation of the existence of the infringement, it responsibility or not of the teen, as well as the determination of it measure socio-educational and it repair integral to it victim, when corresponds. He judge will order the notification with the content of the sentence, within the term of three days subsequent to the completion of the audience of trial. Starting from this, will run the term to present them challenges corresponding according to it provided in the law. Art. 362.-requirements of the sentence.-it sentence will contain: 1. the indication of the judge specialized in adolescent offenders, the place, the date and time in that is emits; them names and the surnames of the teen and them others data that serve to identify it.

2. the enunciation of the tests taken and the precise and lengthy relationship and the punishable acts of the teenager who the judge considered proven.

3. the decision of the judge, with motivated exposure of their grounds of fact and law.

4. the decisive part, with mention of the legal provisions applied. 5. the indication and duration of the socio-educational measure; and its form of implementation, when appropriate.

6. the reparation and their form of compliance. 7. the existence or not of a wrongful act on the Prosecutor or private or public defender. In this case the sentence of the Council of the judiciary for the corresponding application shall be notified.

8. the order to destroy samples of the substances for offences of production or traffic illicit scheduled substances subject to control.

9. the willingness to adolescent offenders centres or zonal development units for offenders adolescents from the obligation to report reports of follow-up and control of the imposed measure.

10. the signature of the judge.

Article 363.-existence of several teenagers sentenced.-If several are teens sentenced, the judge must refer in its judgment to each of them and indicate whether they are authors or accomplices; or ratifying his innocence. In the latter case, ordered the cessation of all measures precautionary.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 135


Article 363-a-notification.-resolutions adopted by the judge specialized in adolescent offenders who restrict freedom or those that declare the expiration, suspension, revocation or replacement of preventive detention, dismissal, prescription, as well as the judgment declaring the responsibility, or confirm the innocence, shall be notified of mandatorily to the Ministry of Justice and human rights affairs , and when appropriate the police specializing in children and adolescents and the National Directorate of migration. Article 363-b.-time measure socio-educational.-the judge specializing in adolescent offenders shall specify precisely the time and mode of the socio-educational measure that must comply with the teenager. For effects of compute the penalty have all the days of the year. You understand that the day has twenty-four hours and the month thirty days. The time that duration of preventive detention shall be calculated to the socio-educational measure. When in preventive detention is exhausted the time available in the socio-educational measure, the judge shall declare it extinct and will order immediate adolescent freedom, without requiring another document or requirement to make this effective. Article 363-c.-opportunity to run the socio-educational measure-the socio-educational measure will be fulfilled once the ruling is enforceable. Any teen pregnant, any that is its period of gestation, may be private of their freedom or be notified with sentence, but ninety days after the delivery. Any custodial educational measures of freedom apply to adolescents who have permanent total disability that limits its performance. Article 363-d-repair in the sentence.-any conviction will contemplate the imposition of one or more conditions to the reparation of the victim, in accordance with the following rules: 1. the victim must be identified and does not require having participated actively during the process. 2. the service will be discussed at the hearing trial. 3. If there is more than one charge, the judge will determine the mode of repair depending on the circumstances of the offence and the degree of participation as author or accomplice, and if the offence was committed in a fraudulent or negligent manner.

4. in cases in which the victims are repaired by constitutional actions, the judge will refrain from applying forms of repair determined judicially as punishment.

5. If repair is quantifiable in money, the required justification is required to set the amount.

6. the obligation of repair monetarily to the victim has privilege of first class facing other obligations of the teenager. The judge will use the mechanisms provided for in the law for debt collection.

7. the judge may determine the modalities of payment, if voluntarily accepted the teenager condemned and the victim.

8. in no case the mode of the payment of it repair monetary can carry to the teen or to its representative legal to a situation economic that you prevent your worthy subsistence.

Article 363 - e-mechanisms of repair integral-individual or collective reparation mechanisms are: 1. the restoration of the situation that existed have not committed the wrongful act. 2. the compensation of material and immaterial damage, refers to compensation for damage which is a result of a breach and that is economically assessable.

3 character not pecuniary satisfaction measures aimed at repairing the intangible damage caused to the victim.

4. the guarantees of non-repetition, are oriented to the prevention of violations and the creation of adequate conditions to avoid the repetition of the same. "Is identified with the adoption of the measures necessary for avoid that them victims are affected with the Commission of new infringements of the same gender."

41 article 366 replace by the following: 'article 366. Resources. Resources of appeal, annulment, fact, cassation and review proceed in accordance with the comprehensive code of criminal."

42 disposed of title V of the book and its contents. 43. after of title IV of the fourth book, add the following book: "fifth book measures socio-educational title I measures educational chapter I provisions common Art. 370.-scope-the regime of educational measures imposed on adolescents applies for the Commission of criminal offences classified in the organic code criminal Integral in accordance with article 319 of this code."

136 supplement - official record No. 180 - Monday, February 10, 2014 Art. 371.-purpose of the socio-educational-the educational measures measures have as a purpose the protection and the development of adolescent offenders, ensure their education, family integration and constructive inclusion into society and to promote the exercise of the other rights of the person in accordance with the Constitution , international instruments ratified by the Ecuador and this book. Article 372.-kinds of socio-educational measures.-the educational measures are: 1. Privativas of freedom. 2. no deprivation of liberty.

Article 373.-appreciation of age-the imposition of the educational measures, shall be regarded as the age which had the teenager to the date of the Commission of the offence. Article 374.-competent authority-the judges specialized in adolescent offenders are responsible for judicial review of the implementation of the educational measures applied. Article 375.-assistance to the fulfilment of the measure socio-educational-the State through different public institutions is responsible for assistance to adolescent social and psychological back to comply with the measure socio-educational, in charge of specialized institutions, whose monitoring and evaluation it is up to the Ministry responsible for matters of Justice and human rights, in accordance with the time deemed necessary. Article 376-conventions-for the fulfilment of the educational measures the State can sign agreements with public or private entities that ensure compliance with the objectives and conditions laid down in this book. Chapter II Organization technical article 377-competent entity-the Ministry of Justice and human rights affairs is the body guiding and executing public policy relating to adolescent offenders, for which will be the organizational structure and the personnel necessary for the care of offenders adolescent, administration and management of centres of offending adolescents and zonal development of adolescent offenders and execution units of the educational measures. The Ministry of Justice and human rights affairs will regulate the Organization, management and articulation of public and private institutions necessary for the proper functioning of centres of adolescent offenders and zonal units of development for adolescent offenders, to ensure the fulfilment of the aims of the educational measures and the exercise and protection of the rights of adolescents and the rights guaranteed in the Constitution of the Republic. Chapter III measures educational not PRIVA - CROPLAND and deprivation of freedom article 378.-measures non-custodial educational freedom.-the non-custodial educational measures of freedom that may be imposed are: 1. warning: is a verbal call made directly by the judge, the teenager; and, to their parents or legal representatives or responsible for your care so that understanding the wrongfulness of the actions.

2 imposition of rules of conduct: is the fulfilment of certain obligations and restrictions so that understanding the wrongfulness of the actions and the behavior of every teenager, is modified in order to achieve the integration to their family and social environment.

3 guidance and psycho social family support: is the obligation of the teenager and his parents, legal representatives or responsible for its care, participate in orientation and family support programs for the adaptation of the teenager to his family and social environment.

4. service to the community: are specific activities of community benefit imposed by the judge, so that adolescents perform them without compromising their integrity and dignity, or involvement of academic or employment-related obligations, taking into account their age, their skills, abilities and skills, and the benefit educational reporting.

5. freedom assisted: is the State of freedom conditioned to the compliance of guidelines and restrictions of conduct set by the judge, subject to orientation, assistance, supervision and evaluation, forcing is the teen to meet programs educational, to receive the orientation and the follow-up, with the assistance of specialists and people with knowledge or skills in the treatment of teenage.

Art. 379.-measures socio-educational custodial of freedom.-them measures socio-educational custodial of freedom are: 1. internment House: is it restriction partial of it freedom by which the teen not can leave his home, except to attend to the establishment of studies, of health and of work.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 137 2. Weekend detention: is the restriction


partial freedom in virtue which the teenager will be obliged to go on weekends to the Centre of adolescent offenders, allowing you to keep your family relationships and normally attend the establishment of studies or work.

3 internment with semi-open regime: is the partial restriction of freedom by which the adolescent enters a center of teenage offenders, without impeding their right to attend the establishment of study or work normally.

4. institutional internment: it is the total deprivation of freedom of the teenager, who enters a center of teenage offenders, without prejudice to the implementation of programmes established for its treatment.

Chapter IV regimes of implementation of measures socio-educational CUSTODIAL of freedom Art. 380.-regimes of execution of the socio-educational measure of institutional internment.-the implementation of the socio-educational measure of institutional placement, will be held under the following schemes: 1. closed. 2 semi-open. 3 open.

A teenager can move from a regime to another, by order of the judge, because of the progressive fulfilment of the individualised plan of implementation of the socio-educational measure, the number of disciplinary faults committed, and the time honoured of the measured social and educational, in accordance with the requirements established in this code. In them regimes before designated is drawn up the plan individual of application of the measure socio-educational and its execution, in them regimes closed and semi-open is will regulate also its location population.

Article 381.-regime closed.-consists in the internment time full of the teen infringing in a Center for the compliance of the measure socio-educational custodial of freedom. Article 382.-regime semi-open-consists in the execution of the socio-educational measure in a center of teenage offenders, with the possibility of leave for reasons of education or work. In addition, there will be family, social and community activities. Breach of the regime, the teenager will be declared in condition of fugitive.

If is met the sixty per cent of the measured socio-educational imposed, is may modify the internment institutional closed by the of internment with regime semi-open or internment of weekend. Article 383.-regime open.-is the period of social inclusion, where the teenager lived in their social environment in which the teenager lived in their family and social environment, supervised by the Ministry of Justice and human rights affairs. This regime can be revoked by the judge, at the request of the Coordinator of the Centre when there is reason to do so, in consideration of the reports of the task force. Breach of this rule no cause of tested, and sufficient justification in addition to the lifting of this benefit, the judge, at the request of the Coordinator of the Centre, may declare how fugitive teen. Compliance of eighty percent of the socio-educational measure is required for access to this regime. At this stage the teenager will go periodically before the judge.

Not teenagers who run away from a center of teenage offenders have access to this regime. (Art. 384.-application of them measures socio-educational in contraventions.-for them cases of contraventions, is apply the measure of admonishment to the teenager and called of attention to them parents and an or more than them following measures: to) imposition of rules of conduct of one to three months. (b) guidance and support psycho family partner of one to three months. (c) up to 100 community service hours.

Article 385.-application of them measures socio-educational in crimes sanctioned in the code organic Integral criminal.-them measures socio-educational applicable to them crimes sanctioned in the code organic Integral criminal are: 1. to them cases of crimes sanctioned with penalty custodial of freedom of more than one month until five years, is apply the measure of admonishment and an or more than them following measures (: a) imposition of rules of conduct of one to six months. (b) guidance and support psycho family partner of three to six months. (c) services to the community of one to six months. (d) assisted freedom of three months to one year.

(138-supplement-record official No. 180-Monday 10 of February of 2014 e) detention home from three months to a year. (f) one to six months weekend detention. (g) detention with semi-open regime of three months to one year.

2 for offences punished with a custodial sentence of more than five years and up to ten years, the extent of warning and one of the following measures shall apply: to) home detention from six months to a year. (b) detention of weekend of six months to one year. (c) detention with semi-open regime of six months to two years. (d) institutional internment of one to four years.

3. for cases of offences sanctioned with more than ten years imprisonment, applies measurement warning and institutional internment of four to eight years.

In addition and six months before the end of this socio-educational measure will be a comprehensive assessment that will determine the need for monitoring and control of up to two years after the execution of the measure. For cases of offences against the sexual and reproductive integrity, the judge specializing in adolescent offenders be assessed also the obligation that the teenager to attend sex education programs, in the treatment of the educational measures. Article 386.-request for application or modification of schemes of execution-the judge specializing in adolescent offenders carry out at hearing, the request for application or modification of the system of execution of the socio-educational measure of internment. The modification applies prior submission of the reports issued by the technical team of the Centre of adolescent offenders where compliance measurement. The application shall be submitted by the offending teenager, his public or private counsel or by the Coordinator of the Centre, if each regime's execution time. The audience appear adolescent, their legal representatives or responsible for your care and your private or public defender. The Coordinator of the Center, based in motivated reports of the task force, may request the judge the revocation of a granted modification. Prior to resolve, the judge will hear the teenager.

Article 387.-educational measures breach.-breach of the educational measures for the imposition of rules of conduct, guidance and support psycho family partner or service to the community, the judge imposed the measure of assisted liberty, or home detention for the remainder of the initial extent. In the event of non-compliance of the educational measures of assisted liberty, home detention, weekend detention and internment with semi-open regime, the judge will impose the socio-educational measure immediately above for the remainder of the initial extent. When teenager fugue of the establishment will be prosecuted for the crime of evasion, notwithstanding that being arrested again meets the missing time from the initial measurement.

The Coordinator shall submit to the judge breach of custom reports, issued by the technical team of the Centre of adolescent offenders or zonal unit of integral development of adolescent offenders, who after check concisely such failure for reasons attributable to the teenager, will impose higher measurement.

Article 388.-continuity of the implementation of educational measures for the largest age-teenager sentenced to reach the age of majority will continue with the socio-educational measure imposed. If you are a custodial socio-educational measure of freedom, it will remain in a special section in the Centre of adolescent offenders. Article 389-outputs emerging-is guaranteed the teenager emerging institutional internment Center output for: to) receive specialized medical care, when this may not be provided in the Centre. (b) attend the funeral of his ascendants or descendants in first grade, your spouse or partner in a common-law union, as well as to visit them in their bed of serious illness.

In these cases, the outputs is will be low surveillance of the police specialized in childhood and adolescence, which is responsible of return to the teen to the Center, a time attended the need. Article 390.-model of attention integral-them measures socio-educational must meet is of way progressive according to the program individualized and them guidelines of the model of attention integral planned by the regulation that is dictates for its effect. The model of attention integral is develops in five axes: Supplement-registration official No. 180-Monday 10 of February of 2014-139 1. Self-esteem and autonomy: is will promote the awareness on the responsibility of their acts, their development human integral and the respect to the law.

2. Education: constant learning will be encouraged, so be guaranteed entry, re-entry and retention in the education system, so the use of the free time will be aimed at the educational pedagogical use.

3. comprehensive health: there is a medical history and


medical comprehensive. There will be constant checks for early detection of possible diseases and provide preventive and curative health and aid, guidance and treatment for addictions and other programs.

4 occupational labor: to ensure a quality education enabling the fifteen-year-old teenager develop skills for insertion in the labour market, generating micro entrepreneurship strategies, will be implemented training activities in different areas.

5. links family or affective: to promote the constant link that benefit the reintegration family and social is planned activities oriented to recover, build, keep and strengthen them links family of the teen with his family of origin or with those people that created ties of affection and that are a reference for your life.

Title II centres of adolescent offenders and units ZONAL of development INTEGRAL art. 391-instances responsible for the fulfillment of the educational measures.-the educational measures is fulfilled in: 1. centers of offending adolescents, in which adolescents who imposed measures remain precautionary or measures educational deprivation of freedom.

2. zonal units of integral development of offending adolescents, in which attention is paid to those who imposed a non-custodial socio-educational measure of freedom. These units are responsible for analyzing the situation of the adolescent, select and assign the private or public institution that offers the program, professionals and necessary equipment, which ensure the implementation of the non-custodial socio-educational measure of freedom.

Art. 392.-registration compulsory of them teenage offenders.-in them centers of teen offenders and in them units zonal of development integral of teenage offenders, is will take a record of each teen in order facilitate the treatment specialized for its development integral. Fulfilled the measures socioeducational imposed, this record will be deleted. Article 393.-sections of adolescent offenders centres.-centers of adolescent offenders are separated into the following sections: 1. section of provisional detention for adolescents who enter by the effect of a measure precautionary.

2 section of guidance and support for the implementation of educational measures of weekend detention and internment of semi-open regime.

3. section of internment for the fulfilment of institutional placement of closed educational measures.

Dentro_de sections identified in paragraphs 2 and 3 will exist four subsections: to) the adolescents under 15 years. (b) adolescents aged between fifteen and eighteen years of age. (c) eighteen years of age and up to twenty-four years older. (d) the largest in twenty-four years of age.

The Coordinator of the Centre take care of proper preparation for the transition in each of these subsections. All sections of specialized care count with housing, communal areas and life suitable for the development of activities and programmes. Centers of adolescent offenders will receive only adolescents of the same sex. In cities where there are no centers separated by sex it can accommodate to the adolescents, provided that the environments are completely separated. Article 394.-income.-a single teenager will enter the center of teen offenders with order of competent authority or for being arrested in flagrante delicto. Them teenagers detained for research will be supported in a section of reception temporary existing in all Center of adolescent offenders. From the time of the entry of the adolescent Center, you will be informed in a clear and simple about their rights, duties, rules and routines of the coexistence in the Center.

140 - Supplement - official record No. 180 - Monday, February 10, 2014 Art. 395.-compulsory examination of health-teens will undergo a medical examination at the time of your income and his departure from the centers of adolescent offenders and provide, if necessary, medical treatment and care. If there are signs of aggression against physical integrity, sexual, or psychological health professional has the obligation to report this fact to the public prosecutor. Article 396.-internal and external security of the centres of adolescent offenders.-internal and external security of the centres of deprivation of liberty of adolescents, it is the responsibility of the Ministry of Justice and human rights affairs. External security is the responsibility of the specialized police of childhood and adolescence. Article 397.-Supervision and monitoring-the personnel responsible for the custody of teenagers within the centres and in the transfer, they must guarantee their physical integrity, as well as centers and security, of the people who are in them. Article 398-transfer.-Coordinator, adolescent, his legal representative, curator or responsible for your care, can ask the Ministry of Justice and human rights affairs his transfer in the following cases: 1. family closeness. 2. suffering from one or more diseases that the teen in danger of death. 3. need for specialized, as a security measure, by a mental disorder treatment, for which certify a psychiatrist with his report.

4. Security the adolescent or the Center. 5. conditions of overcrowding.

Only adolescents can appeal the decision of the transfer arranged by the Ministry responsible for matters of Justice and human rights, or its refusal, before the judge of adolescent offenders.

Article 399.-safety criteria in the centers of adolescent offenders.-the safety standards that apply in the centers of adolescent offenders are: 1. the discipline based on training programmes aimed at developing the skills of adolescents, enrich their knowledge, improve their technical, professional or occupational capacities and compensate for its shortcomings.

2. the permanence of the teenager in a harmonic free site of coercive measures, always oriented to family support and social therapeutic care.

3. education, through compulsory schooling, educational options, physical culture and general education and socio-cultural and sports activities.

4. the comprehensive health and permanent treatment. 5. the regime of visits.



Chapter I the treatment article 400.-individual Implementation Plan for the socio-educational measure-for teenagers in assisted freedom, home detention, weekend detention, internment with semi-open regime and institutional internment shall be prepared and executed individual plans for the application of the measure socio-educational, in accordance with the respective regulations.

Article 401-programs-programs that they are at the centers, they will be framed in the following categories: 1. education program that includes basic, superior, formal and informal instruction that contributes to the development of abilities and motor skills, psicoafectivas and cognitive learning, in order to ensure their access to and permanence in the educational system.

2. reduction of violence and sexual assault program. 3. Programme of physical culture and sports. 4. cultural and artistic programme. 5. physical, sexual and mental health program. 6. employment, productive activities and community service program. 7. Programme of Arts and crafts. 8. programme to strengthen family ties. 9. schedule of participation and human rights. 10. Programme of building and agricultural development. 11 programs and projects approved by the Ministry of Justice and human rights affairs.

12. the other that determines the regulation.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 141 article 402.-registration of activities programs.-each Center will take a record of activities that the teenager will fulfill and its progress, according to your individualized program of implementation of the socio-educational measure, which shall include the reports of the task force, the evaluation of the integral development the results, observations, and recommendations that are presented quarterly to the responsible entity. Article 403.-exit of the teenager from the Center.-date approximate the exit of the teenager is reported to their families, representatives or persons responsible for their care and the competent judge. With the object of adolescent continued with the training or education received during his permanence in the Center, must inform you educational or training options in which you can enter free. Art. 404.-measures of control and discipline.-the Coordinator of the Center, prior the observance of the due process and the report of the Team technical, will have the application of measures of control and discipline provided for in the respective regulation. Article 405.-assistance to the teen sanctioned-the teen will be attended periodically by them services medical, of psychology, of work social and of education, who will make the monitoring of its evolution.


Art. 406-failures involving assumptions of liability criminal-where the faults committed by adolescents in the centres involve serious presumptions of criminal responsibility, the Coordinator of the Center shall notify the Prosecutor's Office. Chapter II regime of visit Art. 407-family and social relationships-in order to strengthen or restore relations with the family and the community, will ensure a regime of visits for adolescents deprived of liberty.

Article 408.-authorized visits.-adolescent offenders deprived of their liberty have the right to maintain contact and to receive visits. You can refuse to receive certain visits, for which deliver to the administration of the Centre a list of unauthorized persons to visit him, which can be modified to a verbal request. Article 409.-characteristics of the regime of visits-visits will be carried out in an atmosphere that will allow the privacy and intimacy and is consistent with human dignity, in places and conditions that guarantee the security of the centres.

This right will be exercised in equality of conditions, without any type of discrimination.

Article 410-schedule of them visits.-them adolescent receive visits of conformity with the schedule established in the regulation respective. Visits in the night is prohibited. Article 411.-prohibited items-prohibited the entry of all kinds of weapons, alcohol and scheduled substances subject to control, telephones or communication equipment or any other instrument that violates the security and peace of the Center. Any person who is discovered by entering with such objects will be arrested and put under orders of the authorities. Article 412.-visit intimate.-them people greater of eighteen years, have right to it visit intimate of his partner. The Centre will have the facilities that protect the right to privacy. Chapter III regime disciplinary for LOS ADOLESCENTS offenders Art. 413.-competent authority-the disciplinary power centers corresponds to your coordinator.

Article 414.-preventive security.-the persons responsible for the security of the centres will take urgent measures to avoid or prevent disciplinary offences, provided that they do not violate the integrity of adolescents, and must immediately inform the Coordinator of the Center. Article 415.-obligations of adolescent offenders. Obligations of adolescent offenders are as follows: 1. comply with the rules laid down in the Constitution, laws and respective regulations. 2 respect the dignity, physical, psychological and sexual integrity of all persons who are in the centers.

3 take care of goods and materials that have been delivered to you for your use. 4 do not cause any material damage to the centers. 5 help the conservation and toilet from the Center. 6. meet the instructions legitimate given by the officials of the Centre.

Article 416.-disciplinary fouls-disciplinary offences are classified as mild and serious and will be sanctioned according to the respective regulations. Article 417.-fouls mild-commit minor misconduct adolescents who commit any of the following acts: 142 - supplement - official record No. 180 - Monday 10 February 2014 1. Jeopardize your own safety, other persons or the Center. 2 disobey orders and provisions of minimally invasive. 3. inobservar the order and discipline in activities that are carried out in the Center. 4 disobey the established schedules. 5 interfering with the count of adolescents. 6 stay and travel without authorization in places considered as areas of security and administration of the Centre.

7 to neglect the toilet room, health services, workshops, classrooms, playgrounds and the Centre in general.

8 throw garbage outside the sites established for their collection. Article 418-faults serious-commit serious offenses teenagers who commit any of the following acts: 1. verbal or physical assaulting another person. 2 destroy facilities or assets of the centers. 3 prepare the administrative offices of the Center. 4. violating the correspondence of any individual. 5 disobeying the Center safety standards. 6 cause moderate injury to any person. 7 participate in fights. 8 hamper recalls performed. 9 throwing dangerous objects. 10. blocking locks. 11 make drinking water, sanitary and electrical connections that jeopardize the security of the Centre or its occupants.

12. keep illicit businesses within the centers. 13 cause collective disorder or inciting them. 14 introduce and distribute in the Centre, objects that are not authorized by the relevant authorities.

15 damage or perform activities to disable the Center.

16 threaten or coerce against the life or integrity of any person.

17 violently resist compliance with legitimate orders of authority. 18 own instruments, tools or work utensils out of work areas. 19. refuse to attend judicial proceedings for unjustified manner.

Article 419.-penalties.-depending on the severity, the following penalties shall be imposed: 1. reprimand. 2 apology and reparation of the damage caused in its entirety. 3. restriction of external communications. 4. restriction of telephone calls.

The decisive criterion for graduation the penalty applicable to adolescents is the objective seriousness of the fact. Article 420.-administrative procedure-administrative procedure for punishing adolescents is short, simple, oral, respect due process and the right to be heard by itself or through an advocate of private or public, in accordance with the following rules: 1. the administrative procedure will begin at the request of any person who knows the Commission of a lack or the staff of the centres. It will not be published by names or surnames of the complainant, or any information that identifies you inside or outside Centre.

2. the Coordinator of the Center convened the parties involved, parents, legal representative or responsible for its care and notify them with all documents and other written in which contained elements of the alleged Commission of disciplinary lack conviction in order to exercise his defense.

3 of 24 hours of the notification, it shall convene audience where you will hear the parties. The teenager will be always heard as the last intervention. At the same hearing are practice tests that the parties or the Coordinator of the Centre considers relevant to check the disciplinary lack or undermine it.

4. the Coordinator of the Center at the same hearing, shall and will leave evidence in writing of the fact, lack and the punishment or acquittal.

In all cases requiring judicial pronouncement, the administrative authority shall send the record the judge of adolescent offenders.

Supplement - Registro Oficial Nº 180 - Monday 10 February 2014 - 143 Art. 421-alteration of the order in the centers of adolescent offenders.-when there is a mutiny or a serious breach of the peace at a centre, the Coordinator of the Center will ask, if necessary, the intervention of specialized police children and adolescents to the extent and the time required for the restoration of order. 422.-leak article.-in case of leakage, the Coordinator will have the immediate search and apprehension of the teenager, by all the means at its disposal and will put this fact to the attention of the specialized judge. It shall in addition to the entity responsible for establishing the liability of the leak, as well as to the public prosecutor for investigation. "Art. 423-standards Senger-them standards referred to in the code organic Integral criminal are extra to this book in it not planned and in what is relevant."

44. in the code organic of the childhood and adolescence, the title saw of the book quarter called "it prevention of it infringement criminal of adolescent" and all its articulated passes to form part of the book fifth, and as title V.-them articles 387.-stewardship of the State and of it society civil, 388.-Supervision of the Council national of the childhood and adolescence , and 389.-derogatory, go to number is as articles 424, 425 and 426 respectively.

REPEALING provisions first: Repeal of the Penal Code, which is published in the supplement of the registry official No. 147 from 22 January 1971 and all their subsequent reforms. Second: Repeal of the code of criminal procedure, published in the supplement of the registry official No. 360 of 13 January 2000 and all its subsequent amendments. Third: Repeal of the punishment execution code, published in the supplement of the registry official No. 282 of 9 July 1982, its codification and all their subsequent reforms. Fourth: Repeal of the final paragraph of article 180 of the code of Civil procedure coding, published in the supplement of the registry official No. 58 of 12 July 2005. Fifth: Repeal of articles 11, 13, 13A, 14, 16 and 17 of the law of the jurisdiction dispute administrative posted in the registry official No. 338 of March 18, 1968. Sixth: Repeal of articles 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, first and second subparagraphs of article 200 and 201 of the organic code of production, trade and investment published in the supplement of the registry official No. 351 of December 29, 2010.


Seventh: Repealed the law of narcotic and psychotropic, published in the supplement of the registry official No. 490 of December 27, 2004, of title V substances "of offences and penalties" article 56 and chapter I "of the crimes." In Title VI "preprocesales actions, competence and procedure" the articles 101, 102, first paragraph of article 103, 104, 105, 108, 109, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 and 126. EIGHTH: Repealed the law against usury published in official register no. 108 of April 18, 1967. NINTH: repeal is the title V, since the article 57 to the article 64, of the law of trade electronic, signatures and message of data posted in the supplement of the registration official not. 557 of 17 of April of 2002. Tenth: repeal is the last paragraph of the article 54 and the article 78, of the law of Security Social posted in the supplement of the registration official not. 465 of 30 of November of 2001. Tenth first: Repealed articles 477 and 478 of the organic code of Territorial Organization, autonomy and decentralization, published in the supplement of the registry official No. 303 on October 19, 2010. TENTH second: Repeal of the third paragraph of article 26 of the Mining Act published in the supplement of the registry official No. 517 of January 29, 2009. 10th third: Repeal of article 29 of the law of agrarian development published in the supplement of the registry official No. 315 of 16 April 2004. Tenth fourth: repeal is the chapter II "of the offences and the penalties" that contain them articles 76 to the 78, of it law General of safe posted in the record official not. 403 of 23 of November of 2006. 10th fifth: Repeal of article 94 of the codification of the law General of institutions of the financial system published in official register no. 250 of 23 January 2001. Tenth sixth: Repeal of articles 204, 213, 214, 215 and 217 of the codification of the law of securities published in the supplement of the registry official No. 215 of 22 February 2006. Tenth seventh: Repeal of article 37, of the migration law encoding posted in the registry official No. 563 of 12 April 2005. Eighteenth: Repealed title III called "Of the infractions of the road" constant in the third book of the organic law of land transport, transit and road safety published in the supplement of the registry official No. 398, August 07, 2008, the following: chapter I, chapter II, chapter III, chapter IV, chapter V, the articles 144 - supplement - official record No. 180 - Monday, February 10, 2014 149 150, 151 and 152 in 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 chapter XI. ((Tenth ninth: repeal is them articles 318, 319, 320, them literal i) and j) of the Art. 323, 324, 325, 326, 327, fourth innumerado added to the article 329 (seizure), article 330, first innumerado added to the article 330 (penalties of detention less ordinary), articles 339, subsections first, second and fourth of the art. 340, subsections first and second of the art. 341, 342, 343, 344, 345 , 346, 354, 358, first innumerado addition to the 358 (people's action) and 359 of the tax code coding published in the supplement of the registry official No. 38 of June 14, 2005. TWENTIETH: Repealed article 18 of coding of the law of the registry only contributors published in the supplement of the registry official No. 398, 12 August 2004. TWENTY first: Repeal of article 109 of the basic tax law published in the supplement of the registry official No. 463 of 17 November 2004. TWENTY second: Repeal of the articles 319 to the 331, and the second subparagraph of article 342 of the codification of the law of intellectual property published in the supplement of the registry official No. 426 of December 28, 2006.

TWENTY third: Repeal of title I of the law against violence to women and the family published in official register no. 839 of 11 December 1995. TWENTY fourth: Repeal of articles 14 to 18 of the law to repress the laundering published in official register no. 127 of 18 October 2005. TWENTY fifth: repeal is them articles 84 and 93 of the coding of the law of aviation Civil posted in the register official not. 435 of 11 of January of 2007. TWENTY sixth: repeal are other provisions General and special that is opposed to the present Code organic comprehensive criminal.

AVAILABLE end the organic comprehensive criminal code will take effect in 180 days after its publication in the official register, with the exception of the reformatorias provisions to the organic of the function Judicial Code, which will enter into force as from the publication of this code in the official register. Given and signed, at the headquarters of the National Assembly located in the Metropolitan District of Quito, Pichincha province, the twenty-eight days of the month of January 2014. f.) Gabriela Rivadeneira Burbano, President. f.) Dr. Libya Rivas Ordóñez, Secretary GENERAL.