Key Benefits:
Year I -- Quito, Wednesday May 19, 2010 -- Nº 196
SUMMARY:
Pags.
NATIONAL ASSEMBLY
LAW:
-Reform of the Criminal Code for the criminalization of crimes committed in the military and police service .................
2
CONSTITUTIONAL COURT For the Transition Period
OPINION:
013-10-DTI-CC Declare the peti-
tion posed by Assemblyman Marco Murillo, Chairman of the Commission on Collective, Community and Interculturality .............................
11
JUDGMENTS:
0001-10-SAN-CC Niegase the action for incubation raised by the lady Isabel
Meza de Lorences ...........................
11
0004-10-SIN-CC Desechase the action of inconsti-tutionality presented by Victor
Rosendo Morejon Rivas and another, proposed against the contents of the Ministe Agreement-
Pags.
rial Nº 093 of 20 December 2006, published in the Official Register No. 435 of January 11, 2007, in consi-deration that its provisions are in accordance with the Constitution of the Republic, both for the form and for the fund .........................................
18
0011-10-SEE-CC Declare the constitutionality of the state of exception in the province of
Esmeraldas, by the rigorous winter season, set out in Decree No. 256 of February 26 2010 ....................
25
0013-10-SEP-CC Rechavase the demand for extraordinary inter- protection ac-tion
put by Mr. Fausto Eduardo Aguiar Falconi and nieganse his pretenses
28
015-10-SEP-CC Accept the Extra-ordi-naria protection action raised by the
Ministry of Finance, signed with Nº 0135-09-EP, by which the order was challenged on February 18, 2008, by the judges of the District Court No. 2 of Administrative Litigation, based in Guayaquil, which rejected the appeal filed against the judgment handed down on May 23, 2005.
32
LIC. LUIS FERNANDO BADILLO GUERRERO DIRECTOR IN CHARGE
Quito: Avenida 12 de Octubre N 16-114 y Pasaje Nicolás Jiménez Dirección: Telf. 2901-629 -- Offices and sales: Telf. 2234-540 Distribution (Warehouse): 2430-110 -- Manosca Nº 201 and Av. 10 August Branch Guayaquil: Malecon No. 1606 and Av. 10 August-Telf. 2527-107 Annual subscription: US$ 400 + VAT -- Printed on National Editor 1,350 copies -- 40 pages -- Value US$ 1.25 + VAT
Administration of Mr. Ec. Rafael Correa Delgado Constitutional President of the Repub lica
S U P L E M E N T O
2 -- Supplement -- Official Record No. 196 -- Wednesday May 19, 2010
Pags.
MUNICIPAL ORDINANCE:
-Municipal Government of the Canton Shushu-
findi: Substitute that regulates the determination and collection of the im-post of 1.5 per thousand on total assets ...........................................
37
NATIONAL ASSEMBLY
Office No. SAN-2010-314
Quito, May 10, 2010
Lord
Luis Fernando Badillo
Director of the Official Registry, Enc.
City
Of my consideration:
The National Assembly, in accordance with the
that it grants the Constitution of the Republic of Ecuador
and the Organic Law of the Legislative Function, discussed and
approved the project of REFORM LAW TO THE PENAL CODE FOR THE CRIMINALIZATION OF CRIMES COMMITTED IN THE MILITARY AND POLICE SERVICE.
In session of April 27, 2010, the Assembly of the Assembly
National met and spoke on the partial objection
presented by the Constitutional President of the
Republic.
From the above; and, as provided in article 138 of the
Constitution of the Republic of Ecuador and Article 64 of
the Organic Law of the Legislative Function, accompanied the
text of the LAW TO THE PENAL CODE FOR THE CRIMINALIZATION OF CRIMES COMMITTED IN THE MILITARY AND POLICE SERVICE, so that it can be published in the Official Register.
Attentive,
f.) Dr. Francisco Vergara O., Secretary General.
NATIONAL ASSEMBLY
THE PLENO
Considering:
What, Article 168, numeral 3 of the Constitution establishes
the judicial unit, by which no other authority
to the Judicial Function can perform functions of
administration of justice;
That, in the judgment of
persons belonging to the military and police service, the
principles of equality, independence, impartiality and judge
natural enshrined in Articles 11 (2) and 76 (7) (k) of the
Constitution;
What, Article 160 of the Constitution states that the
military personnel or police officers for the commission of crimes
will be tried by the organs of the function
Judicial, and, in the case of the crimes of their function,
by judges and specialized judges belonging to the same
Judicial Function;
What, the current military and police penal legislation, both
substantive and adjective, does not respond to the principles
constitutional, nor to the materialization of the instruments
international human rights;
What, Ecuador has signed the Conventions of
1949, the Additional Protocols of 1967 and other conventions
that develop International Humanitarian Law, which
force Ecuador to adapt its criminal law system;
What, it is inescapable in consequence, develop a
criminal, military and police regulations according to the mandate
concrete of the number 10 of the Transitional Provision
First of the Constitution of the Republic; and,
In use of its Constitutional privileges and powers and
legal,
Exasks:
The Next:
CRIMINAL CODE FOR THE CRIMINALIZATION OF CRIMES
COMMITTED IN THE MILITARY AND POLICE SERVICE
Art. 1.- Add following Article 29 of the Penal Code the following article numbered: Art. ....-Atenuants in service crimes of serving or military or police servers.- For the imposition of penalties for the crimes of server or server function
military or police, the attenuants will be applied
referred to in this code for common crimes,
when these circumstances are in fact.
Art. 2.- Add the following numbered articles to the following article 30 of the Penal Code:
Art. ...- They are aggravating of the crime of server and police server function, in addition to the
circumstances outlined in Article 30, the following:
1. If the crime is committed with the use of weapons, or in serious internal shock; or,
2. If action would lead to the failure of a police operation.
Art. ...- They are aggravating of server or military server function offenses, in addition to the
circumstances outlined in Article 30, any of the
following:
1. If the crime is committed with the use of weapons or armed conflict; or,
2. If action would lead to the failure of a military operation.
Supplement -- Official Record No. 196 -- Wednesday, May 19, 2010 -- 3
Art. 3.- Add in Book I of the Penal Code, following Title IV "Of the Peñas", the following
Title with the following articulated:
Title V Common Rules for the application of penalties in crimes of function committed military and police servers or servers.
Art. ... (114.3).-Server or military and police server.- Military server or server is considered to be permanent active-duty personnel consisting of the
Armed Forces escalations, reservists
active service; and citizens who
comply with the voluntary military service.
It is considered a police server or server to whom you have
acquired the police profession and are in service
active.
In no case will citizens or civil citizens be able to
be judged under these rules.
Art. ... (114.4).-Military or police function offences.- Military or police function offences are the actions or
omissions typified in this Code, committed by
one or one active duty military or police server, which
is in direct, concrete, forthcoming, and
relationship specific to its function and legal position according to the
mission established in the Constitution and other applicable
laws, affecting individuals, goods or to the
operations of the Armed Forces or the Police
National. Function offenses can be committed in
peace time or during international armed conflict or not
international.
Military or police servers or servers will be
tried and punished with strict observance of the
constitutional rights and guarantees.
Art. ... (114.5).-Joint operations of military and police servers.- When for reasons of non-international or international conflict, states of
exception or any other exceptional situation
established in law, will operate jointly
military and police services and will commit some
function offense, will apply the penalty that corresponds to the
function or service in charge of responding ordinarily
in the situation.
Art. ... (114.6).-State subsidiary responsibility.- For the purposes of subsidiary and civil liability of the State in the crimes of function committed by
military or police servers or servers, they will be applied
general provisions laid down in the Constitution and the
law.
Art. ... (114.7).-Due obedience.- The commanders of the Armed Forces and the National Police will be
responsible for the orders they provide. Obedience to
superior orders will not exempt
those who execute them. No subordinate or subordinate
will be able to circumvent its criminal responsibility with obedience
given to its superior in the perpetration of a crime.
It is imputable to all superior the responsibility for the
orders that
Art. ... (114.8).-Prescriptibility.- The actions and penalties provided for the crimes of genocide, lesa
humanity, war crimes, enforced disappearance,
extrajudicial execution, torture, or crimes of aggression against a
Status are printers.
Art. 4.- Add in Book II of the Penal Code, following Title X "Of the crimes against the
Property", the following Title with the following articulated:
Title XI Crimes of function of servants and police officers and Chapter I Military Common Function Crimes
Art. ... (602.3).-Insubordination.- Will be sanctioned with a three-month prison sentence of one year, the server or server
military or police officer who:
1. I will reject, prevent, or violently resist the fulfillment of legitimate order
of the service;
2. You will be violent to a superior;
3. Amenazare, ofendiere, or outrun a superior;
4. Injures or injure a superior, in service acts; or,
5. I will take armed troops out of a unit, partition or installation, without legitimate superior order.
If the violation is committed with weapons, it will be made
advertising of the same, committed in combat, state of
exception or operative Respectively, the penalty will be
from three to six years of ordinary minor seclusion.
Art. ... (602.4).-Sedition.-
Military or police officers
, by express concert ortacit, in number of four or more, will be punished with imprisonment of one to three years, will be held in any of
following acts:
1. Disobey legitimate orders received;
2. They fail to perform the duties of the service;
3. Threaten, offend, or outrun a superior;
4. They intend to prevent the possession of a superior or remove it from its function; or,
5. Act violently to make claims or requests to the superior.
4 -- Supplement -- Official Registration No. 196 -- Wednesday May 19, 2010
If the military or police servers or servers,
perform any or more of these acts in time of
armed conflict, state Exception or police operation
, respectively, will be sanctioned with three to six years of
ordinary minor seclusion.
If the facts have a place of danger for the
security of the unit or of the service to the seditious,
turning to arms or assaulting a superior, they will be
punishable by three to six years of imprisonment
lower ordinary.
Art. ... (602.5).-Conspiracy, proposition and apology of sedition.- They will be punished with imprisonment of three months to one year, the serving or military servants or
police who carry out conspiracy or proposition for
to commit the The crime of sedition and those who incite members
of the Armed Forces or National Police to commit this
crime or make apology from him or those who commit it. Art. ... (602.6).-Not to avoid or not to denounce sedition.- It will be sanctioned with imprisonment of three months to one year, the
server or military or police server that will not take the
necessary measures or will not employ the rational means to
your reach to avoid sedition in the units or services
at your command or that, having knowledge that it will be dealt with
to commit this crime, I will not report it to your superiors.
Art. ... (602.7).-False alarm.-
Military or police servant or server who, without any justification, and with
intent to cause harm, produce or spread false alarm
for a year, the server or server
be punished with imprisonment.preparing to conflict.
Art. ... (602.8).-Abuse of faculties.-
1. A military or police officer
, in exercise of his authority or command:1, shall be sentenced to three months ' imprisonment. I charge against their lower punishments not set out in the law, or it will be exceeded in their
application;
2. Assume, retain or prolong illegally or improperly a command, service, charge or
military or police function;
3. Make requisitions or impose illegal contributions;
4. I will order your deputies to perform functions lower than their degree or employment; or
tointerest of the service; or I will urge you to commit a
crime that endangers the security of the
National Police or Forces Navies;
5. Obtain benefits for you or third parties, abusing the hierarchy, degree, function, level, or
prerogatives, provided this does not
constitute another offense;
6. Allow people outside or disassociated with the institution to exercise functions that correspond to them
exclusively to the service members
military or police;
7. I will threaten, offend or outrun a child; or,
8. You will arbitrarily prevent the exercise of your rights to a child.
Art. ... (602.9).-Military or police contempt.- It shall be punishable by imprisonment of three months to one year, the servant
or military or police servant who shall refuse to obey or not
comply with the legitimate orders or resolutions that dictate
civil or judicial authorities, provided that the fact does not
correspond to a higher penalty according to the
provisions of this Code.
This offense is also configured when the server or
server military or police disobey or resist to comply
legitimate police orders or resolutions Judicial, in
its function as agents of authority and auxiliaries of the
Attorney General of the State. The contempt or resistance that
will oppose the server or the military or police server
based on the rank or hierarchical level that it holds,
will be considered as aggravating. Art. ... (602.10).-Destruction or misuse of goods.- It will be sanctioned with prison of one to three years the servant or military or police server that destroys or
inuse goods destined for public security or the
defense
The penalty will be three months to one year, when by fault
lose, destroy, or disable the goods flagged in this
article.
Art. ... (602.11).-Correspondence Violation.- Will be punished with imprisonment of three months to one year, the
server or military or police server who, without due
legal authorization, intercept, examine, retain, record or
broadcast private correspondence or communications or
reserved for any type and by any means.
Art. ... (602.12).-Offences against non-legally classified public information.- Will be punished with imprisonment of three months to one year, the server or server
military or police who, using any means
electronic, computer or end, obtain information from the
that has access to your server or server condition
police or military, then cederla, publish it,
disclose, use, or transfer it to any title without the
due authorisation. The same penalty will apply to whom
will destroy or misuse this type of information.
If the disclosure or fraudulent use is made
by the person or persons in charge of custody
or legitimate usage of the information, these will be
sanctioned with the maximum penalty.
Art. ... (602.13).-Offences against legally classified public information.- It will be sanctioned with an ordinary minor seclusion of three to six years, the server or
military or police server who, using any means
electronic, computer or end, obtain information
classified in accordance with the law. The same penalty will be
applicable to who will destroy or disable this type of
information.
The disclosure or use of the information thus
obtained, will be repressed with minor seclusion penalty
extraordinary from nine to twelve years, provided that it is not
configures another crime of greater severity.
If the disclosure or fraudulent use are made
by the person or persons in charge of custody
or legitimate use of the information, these will be
sanctioned with the maximum penalty.
Supplement -- Official Record No. 196 -- Wednesday, May 19, 2010 -- 5
Art. ... (602.14).-Hurt of goods for police or military use.- It will be sanctioned with an ordinary minor seclusion of three to six years, the servant or the police or military server
who hurries war material like weapons, ammunition,
explosives or police or military equipment. In the case of
theft of medicines, clothing, food or other species that
affect the use of the National Police or the Armed Forces
, will be sanctioned with prison for one to three years.
Art. ... (602.15).-Robbery of goods of police or military use.- It will be sanctioned with a minor imprisonment of six to nine years, the servant or the police server or
military who stole war material, such as weapons, ammunition,
explosives or police or military equipment. In the case of
theft of medicines, clothing, groceries, or other species that
affect the use of the National Police or the Armed Forces
, will be sanctioned with a lower ordinary seclusion of
three to six years. Art. ... (602.16).-Purchase of stolen or stolen police or military assets.-A minimum of three to six years of imprisonment, the server or the
or military server that acquires stolen goods or
belonging to the National Police or the Forces
Armed or intended for the use of these. Art. ... (602.17).-Hurt of requisitioned goods.- It will be guilty of the offence of theft typified in this chapter, the
server or police or military server, which because of
having practiced requisitions, has been appropriate for the
requisitioned goods. Chapter II
Police Server and Server Function Offences Section I
Of Crimes Against Police Service Art Duties. ... (602.18).-Acts against citizens.- It will be sanctioned with an ordinary minor seclusion of three to six years, the servant or police server
that will commit deportations or illegal transfers,
illegitimate arrests, of hostages, coactions for
serving subversive groups or I will deprive anyone of
their right to be judged to be ordinary and impartial. Art. ... (602.19).-Avoidance of responsibilities.- It will be punishable by imprisonment of three months to one year, the server
or police server that eludes its responsibility in acts of
service, when this omission causes damages. Art. ... (602.20).-Alteration of evidence.- It will be sanctioned with imprisonment of three months to one year, the server
or police server that puts at risk the obtaining or
preservation of vestiges, material evidence or other
evidence elements for the investigation of a crime.
The penalty will be in prison for one to three years, if the server
or police server destroys or produced any
alteration of the test elements.
Section II
Of crimes against Art Address Duties. ... (602.21).-Abstention from execution of operations in internal shock.- It will be sanctioned with
prison term of one to three years, the server or server
police, head of service or police unit that in time
Internal shock and without justification of the situation,
I will cease to undertake or fulfill a mission, will abstain from
to execute an operation having to do so, or I will not use in the
course of the operations all the means that it requires the
compliance with the law's precepts and legitimate orders
received.
Section III Of Public Goods or Institutional Crimes
Art. ... (602.22).-Offences against the institutional assets.- It will be sanctioned with imprisonment of three months to one year the servant or police server that:
1. Execute or not prevent, instead or
police establishment, acts that may
produce fire or havoc, or cause a serious risk to the security of a unit or
establishment of the National Police; or,
2. I will hide your superior breakdowns or impairments
in installations, provisioning, or
logistical material for your charge that is for use by the
police or service personnel.
Art. ... (602.23).-Extraction in the execution of an act of service.- It will be sanctioned with imprisonment of one to three years, the servant or police server that will be
extralimitare in the execution of an act of the service, and that
as consequence, produce in a person
injuries with an inability not greater than ninety days.
If the injuries caused generate in a person
inability to exceed ninety days or inability
permanent, will be sanctioned with minor seclusion penalty
ordinary three to six years.
Chapter III Server and Server Function Offences Section I Of the particular circumstances of server function crimes or Art servers. ... (602.24).-territoriality.- The crimes of military function committed within the territory
of the Republic or on board military aircraft or aircraft or
merited goods for the service shall be sanctioned.
The function offenses committed by servers or
military servers abroad, based on the
principle of reciprocity, will be judged by the judges or
courts that determine the Ecuadorian laws.
Section II Of Crimes Against Security, Sovereignty, and Territorial Integrity the Republic
Art. ... (602.25).-Offences of treason to the Fatherland.-Will be sanctioned with an ordinary minor seclusion of six to nine
years in time of peace; and with extraordinary imprisonment.
6 -- Supplement -- Official Record No. 196 -- Wednesday, May 19, 2010
of twelve to sixteen years in armed conflict, the server or
military server performing any or more of these acts,
still against allied forces:
1. Defect to the enemy's forces;
2. Make it easier for enemy forces to enter the national territory or Ecuadorian ships or aircraft
or allied;
3. Conduct hostile actions against a foreign country with the intention of causing Ecuador a conflict
international armed;
4. Maintain negotiations with other states, which are aimed at subjecting Ecuadorian territory in any way;
5. Declare a rebellion while the Ecuadorian State faces international armed conflict;
6. Deliver the enemy territory, place, position, position, construction, building, establishment, installation,
ship, aircraft, weapons, troops or force to their
defense orders or materials; or induce or compel
doing so;
7. Give false or distorted news about armed conflict operations;
8. Do not give notice of enemy approach or circumstance that directly impacts the
conflict, or in the civilian population;
9. Prevent ships, aircraft, or national or allied troops from receiving the aid and news that are
sent to them, with intent to favor the enemy;
10. Arrive, send or force the national flag, without command of the Command in the armed conflict;
11. Do not comply with a legitimate order or arbitrarily alter it for the purpose of harming the
Armed Forces of Ecuador or benefiting the
enemy;
12. Disseminate news with the intention of instilling panic, discouragement or disorder in troops, or executing
any act that can produce equal
consequences;
13. Maintain the enemy's relations or correspondence on the operations of the conflict
international armed forces or the Armed Forces of the
Ecuador or its allies; or, without proper authorization,
enter into understanding with the enemy to procure
peace or suspension of operations;
14. Release prisoners of war in order to return them to the enemy's armed forces, or
return military equipment to the enemy;
15. Execute or order, in or out of the national territory, recruitment of troops to enlist them in the
enemy ranks, seduce Ecuadorian troops for the
same end, or cause the defection of these; or,
16. Execute sabotage for the purpose of hindering national military operations or facilitating those of the
enemy.
Art. ... (602.26).-Attempt, conspiracy and proposition of treason to the Fatherland.- In cases of treason to the Fatherland will be sanctioned the attempt in accordance with this Code;
the conspiracy and proposition will be sanctioned with a
two-thirds of the penalty applicable to the author or authors of the
offense.
Art. ... (602.27).-Prolongation of hostilities.- It will be sanctioned with minor imprisonment of three to six
years, the servant or the military server that will prolong the
hostilities, despite having been officially notified of
have agreed to peace, armistice or truce with the enemy.
Art. ... (602.28).-Espionage.- It will be sanctioned with an extraordinary minor seclusion of nine to twelve years, the
military server or server that in time of peace:
1. Obtain, disseminate, distort or misuse information legally classified and that its use or
employment by foreign country or bind against the
security and sovereignty of the State;
2. I will intercept, subtract, copy information, files, photographs, footage, recordings, or
others about troops, equipment, operations or
military missions;
3. I will send documents, reports, graphics, or objects that endanger the security or sovereignty
of the State, without being obliged to do so; or, of
being forced by force, will not put such a fact
in knowledge of the authorities
immediately;
4. I will hide relevant information from the national military commanders; or,
5. Alter, delete, destroy, divert, even temporarily, information or objects of
military nature relevant to security, the
sovereignty or territorial integrity.
If the military server or server, will perform some or several
of these acts in time of armed conflict, will be
sanctioned with extraordinary imprisonment of twelve to
sixteen years.
Section III Of the crimes against the security of the State
Art. ... (602.29).-Rebellion.- It will be sanctioned with an ordinary minor seclusion of six to nine years, the server
or military server that, at peace time, perform one or
several of the following acts:
1. It will be up in arms, to overthrow the government or hinder the exercise of its powers;
2. Stop the meeting of the National Assembly or dissolve it;
3. I shall prevent the elections called; or,
4. I will promote, help or sustain any armed movement to alter state peace.
Supplement -- Official Record No. 196 -- Wednesday May 19, 2010 -- 7
If the military server or server performs any or more of
these acts in time of international armed conflict or
not International, will be sanctioned with minor seclusion
extraordinary from nine to twelve years.
Art. ... (602.30).-Omission in the supply.- It will be sanctioned with an ordinary minor seclusion of three to six
years, the server or military server that, being obliged to
do it for its function, refrain from supplying the troops
for military action, putting in
risk of state security.
Section IV
Of crimes against operations and security of the Armed Forces
Art. ... (602.31).-To attack the security of the Armed Forces.- It will be sanctioned with prison of one to three years, the servant or military server that I will attend against
the security of the Armed Forces for non-compliance with
duties or obligations in a dolous manner, provided that the
does not constitute another offence. Art. ... (602.32).-To attack against the development of military operations.- They will be punished with imprisonment of one to three years, and the reservists who, in case of
armed conflict, are called and unjustifiably not
within five days to perform the
military functions.
Art. ... (602.33).-Attented against the security of military operations.-Will be sanctioned with an ordinary minor seclusion of six to nine years, the server or
military server which, in non-international armed conflict,
Without having exhausted the means of defense and
security that demand the military precepts or orders
received; and with an extraordinary minor seclusion of nine to
twelve years if committed in international armed conflict.
Section V
Defection offense
Art. ... (602.34).-Desertion.- Will be punished with imprisonment of three months to one year, the server or server
military who, in armed conflict, will leave for more than
five days the position, service or function that has been
designated, illegal and unjustified.
Art. ... (602.35).-Notice of desertion notice.- They will be punished with imprisonment of three months to one year, the
direct superiors
or "heads of units or units that do not "will be part of the desertion of their subordinates.
Art. ... (602.36).-Special circumstances of desertion.-The deserters will be given the maximum penalty if the desertion is committed in plot, in territory
enemy, hurling, stealing or destroying the assets of the
Forces Armed.
Chapter IV Crimes against Persons and Goods Protected by International Humanitarian Law Art. ... (602.37).-Application of provisions in international or non-international armed conflict.-
International armed conflict provisions or
non-international conflict are applicable from the day on which this
takes place, regardless of the formal declaration
by the President or President of the Republic or
that decrees the state of exception throughout the territory
national or part of it, according to the Constitution and the
law.
The state of armed conflict
international or non-international after the state of exception
is understood to be terminated
exception for having disappeared the causes that
motivated, to end the period of its declaratory, by
revoking the decree that declared it; or, until
reset the security conditions that would have been
affected.
Art. ... (602.38).-Persons protected by International Humanitarian Law.- For the purposes of this chapter, persons considered as
such by the existing international instruments of the
Law are considered to be protected. International Humanitarian, and in particular, the
following:
1. The civilian population;
2. Persons not participating in hostilities and civilians held by the adverse party;
3. Health or religious personnel;
4. Journalists on mission or accredited war correspondents;
5. The people who have laid down the weapons;
6. People who are out of combat or defenceless in armed conflict;
7. Who, before the start of hostilities, belonged to the stateless category or
refugees;
8. The political asides;
9. United Nations personnel and associated personnel protected by the Convention on the
United Nations Personnel Security and
of the Associated Staff; and,
10. Any other person who has this condition under Conventions I, II, III, and IV of
Geneva of 1949 and its additional protocols.
. ... (602.39).-Homicide of protected person.- It will be sanctioned with special imprisonment of sixteen to
twenty-five years, the server or military server that, with occasion and in development of armed conflict, kills a person
protected.
Art. ... (602.40).-Torture and cruel, inhuman or degrading treatment in a protected person.- It will be sanctioned with extraordinary imprisonment of twelve to sixteen years, the
server or military server that, with occasion and in development
armed conflict, torture or cruel treatment,
inhuman or degrading to a protected person.
8 -- Supplement -- Official Record No. 196 -- Wednesday, May 19, 2010
Art. ... (602.41).-Collective punishments in a protected person.- It will be sanctioned with extraordinary imprisonment of twelve to sixteen years, the server or military server that, with occasion and in development of armed conflict, infra collective punishment to person
protected.
Art. ... (602.42).-Mylutations and experiments in protected person.- It will be sanctioned with extraordinary imprisonment of twelve to sixteen years, the server or
military server that, with occasion and in development of armed conflict, mutile or perform medical experiments or
scientists or extract tissues or organs to a protected person.
Art. ... (602.43).-Injury to the physical integrity of a protected person.- It will be sanctioned with an extraordinary imprisonment of nine to twelve years, the server or server
military that, with occasion and in the development of conflict
affect or injure the physical integrity of a person
protected, provided it does not constitute another major offense
affectation to the person.
Art. ... (602.44).-Attented to the sexual and reproductive integrity of a protected person.- It will be sanctioned with special imprisonment of sixteen to twenty-five years, the
server or military server that, with occasion and in development of armed conflict, injury or affect sexual integrity or
protected person reproductive. This offense understands the
violation and other behaviors that this Code says
affects sexual or reproductive integrity.
Art. ... (602.45).-Privatisation of the protected person's freedom.- Will be sanctioned with an extraordinary imprisonment of nine to twelve years, the server or server
military who, with occasion and in the development of conflict
the freedom of the protected person. This
offense comprises:
1. Hostage taking;
2. Illegal stop;
3. Illegal deportation or removal;
4. Forced displacement; or,
5. Delay or delay in repatriation.
Art. ... (602.46).-Recruitment of children and adolescents.- Will be sanctioned with an extraordinary minor seclusion of nine to twelve years, the server or server
military that, with occasion and in the development of armed conflict, recruit or aliste girls, boys or teens in the
armed forces or armed groups, or use them to
participate in armed conflict.
Art. ... (602.47).-Refusal of judicial guarantees of protected persons.- It will be sanctioned with an ordinary minor seclusion of six to nine years, the server or military server that, with occasion and in development of conflict
a person from the due
process or impose or execute a penalty without it being
judged in a court process.
Art. ... (602.48).-Abolition and suspension of protected person rights.- Be sanctioned with minor seclusion
ordinary of six to nine years, server or server
military who, on occasion and in conflict development armed, declare rights abolished or suspended,
constitutional guarantees or court actions of the
protected persons.
Art. ... (602.49).-Attack on a protected person for terrorist purposes.- Will be sanctioned with an extraordinary imprisonment of nine to twelve years, the server or server
military that, with occasion and in the development of armed conflict, performs any form of attack to person
protected whose object or effect is to terrorize the population
civil.
Art. ... (602.50).-Arbitrary contributions.- It will be sanctioned with an extraordinary minor seclusion of nine to
twelve years, the server or military server that, with occasion and in the development of armed conflict, imposes contributions
arbitrary.
Art. ... (602.51).-Assignment of relief and humanitarian assistance.- Will be sanctioned with an ordinary minor seclusion of three to six years, the server or server
military that, with occasion and in the development of armed conflict, omits the relief and assistance measures
humanitarian in favor of protected persons, being
obliged to do so.
Art. ... (602.52).-Omission of protective measures.- It will be sanctioned with an ordinary minor seclusion of three to six
years, the server or military server that, with occasion and in the development of armed conflict, omits the adoption of
measures for generic protection of the civilian population,
being obliged to do so.
Art. ... (602.53).-Hindering health and humanitarian tasks.- It will be sanctioned with an extraordinary imprisonment of nine to twelve years, the server or server
military that, with occasion and in the development of armed conflict, Hinder or impede medical, healthcare,
or relief to the civilian population, the realization of
health and humanitarian tasks
can and must be performed byin accordance with the standards of International Law
Humanitarian.
Art. ... (602.54).-Offences against active participants in armed conflict.- Will be sanctioned with an extraordinary imprisonment of nine to twelve years, the server or server
military who, on occasion and in conflict development
armed, I will perform any of the following behaviors on
against an active participant:
1. Force it to serve in any way in the armed forces of the adversary;
2. Deprive it of the right to have a trial with due process guarantees; or,
3. Unjustifiably prevent or delay the release or repatriation.
Art. ... (602.55).-Attack on protected goods.- It will be sanctioned with extraordinary imprisonment of twelve to
sixteen years, the server or military server that, with
occasion and in development of armed conflict, direct or
participate in attacks against the following protected assets:
Supplement -- Official Record No. 196 -- Wednesday May 19, 2010 -- 9
1. Non-target civil objects
military;
2. Goods intended to ensure the existence and integrity of civilian persons, such as areas
and localities intended to separate them from objectives
military, and goods destined for their
survival or care;
3. Goods that are part of a peacekeeping or humanitarian assistance mission;
4. Goods intended for the satisfaction of civil and political rights of the civilian population, such as the
intended for religious worship, the arts, science or
beneficence;
5. Goods that make part of the historical, cultural, or environmental heritage; and,
6. Other goods protected under International Humanitarian Law.
Art. ... (602.56).-Use of methods prohibited in the conduct of armed conflict.- It will be sanctioned with extraordinary imprisonment of twelve to sixteen years, the
server or military server that, with occasion and in development
armed conflict, use methods of war or conflict
prohibited by International Law
Humanitarian, and in particular, the following:
1. Starving the civilian population,
including through the hindering of
supplies;
2. The death or injury to treason of an enemy combatant or an adverse party member who
participates in the armed conflict;
3. The use of the presence of a protected person as a shield to place certain points,
military zones or military forces safe from operations
war, or to hinder the actions of the
enemy against targets military
determined;
4. The order not to give barracks;
5. The attack on the civilian population as such;
6. The attack of civil goods; or,
7. Indiscriminate attack with the potential to cause death or injury to civilians, damage to
protected goods, or serious damage or
disproportionate to the environment.
Art. ... (602.57).-Destruction or appropriation of assets of the adverse party.- It shall be sanctioned with an ordinary minor seclusion of three to six years, the servant or military server
who, on occasion and in development of armed conflict,
destroy or confiscate the assets of the adverse party, without
imperative military necessity.
Art. ... (602.58).-Use of prohibited weapons.- It will be sanctioned with extraordinary imprisonment of twelve to
sixteen years, the servant or military server that, with
occasion and in development of armed conflict, produces,
stop, store, use, or distribute weapons prohibited by
International Humanitarian Law, and in particular the
following: 1. Poison or poisoned weapons;
2. Choking, toxic, or other substances producing the same effect;
3. Biological, bacteriological or toxic weapons;
4. Chemical weapons;
5. Bullets that are easily widened or crushed in the human body, such as hard-shirt bullets that do not
fully coat the inner part or have
incisions;
6. Weapons whose main effect is injury by fragments that cannot be located by means of lightning
X;
7. Mines, trap weapons and other weapons with the same effect;
8. Incendiary weapons;
9. Blinding laser weapons;
10. Anti-personnel mines, with the exception of those obtained by authorized Ecuadorian Army personnel,
when they aim to develop techniques of
detection, cleaning or destruction of mines;
11. Cluster munitions; or,
12. Other weapons that by their nature cause unnecessary damage or unnecessary suffering, or that
have indiscriminate effects.
Art. ... (602.59).-Environmental modification techniques for military purposes.- Will be sanctioned with an ordinary minor seclusion of six to nine years, the server or server
military who, with occasion and in conflict development
armed, Use environmental modification techniques with
military, combat, or other hostile purposes as
means to produce destruction, damage, or damage
vast, durable, or severe to the environment. Art. ... (602.60).-Use of prohibited means in the conduct of armed conflict.- It will be sanctioned with an extraordinary imprisonment of nine to twelve years, the
military server or server that, with occasion and in development
of conflict armed, use any other method of
war or conflict prohibited by International Law
Humanitarian.
Art. ... (602.61).-Misuse of protective signs, flags and patriotic symbols.-
Military who, on occasion and in conflict development
armed, simulate the same, will be punished with imprisonment of three months to one year
protected person condition or use
improperly emblems, flags, badges, or other signs
of protection contemplated in international instruments
in force, such as:
10 -- Supplement -- Official Record No. 196 -- Wednesday May 19, 2010
1. White flag;
2. National flag, military badges or enemy uniforms;
3. Badges or uniforms of the United Nations or other recognized humanitarian agencies
internationally;
4. Distinctive emblems of the Geneva Conventions of 1949; and,
5. Emblems, denominations, distinctive signs of the Red Cross and Red Crescent,
compliance with the Geneva Conventions of
1949 and their Additional Protocols.
General Provisions
First.- The disciplinary administrative process that corresponds to the same fact that is being investigated in the
criminal process, will be able to be followed independently without
need for the execution statement to exist in this
last.
Second.-Enforcement of penalties.- Personal protective measures and penalties imposed on servers
or military or police servers, will be met in places
that guarantee their security; without prejudice of the jurisdiction
of the judges of prison guarantees.
Transitional provisions First.-Competition.- As of the publication of this law in the Official Register, the judges and courts of
guarantees criminal proceedings will be known for criminal offences
military and police initiated with prior to the
validity of this reform law, in accordance with the
competencies established in the Organic Code of the
Judicial Function; and will continue to support them in agreement
with the procedural rules which were in effect when
were initiated and to the provisions of the Code of
Criminal Procedure, as far as they are applicable. These
judges will also know the criminal proceedings
military and police penalties that will be initiated after the
validity of this reform law, and will be dealt with by
compliance with the Code of Criminal Procedure.
The National Court of Justice, through the resolution of the
plenary, will rule the delivery of the pending causes to the
ordinary jurisdiction.
Second.-Income to the Judicial Function.- The members of the current courts and criminal courts
military and police, such as the administrative staff in
all levels, will be able to enter the judicial career in the
Judicial function, provided they comply with the
literal and) of the fifth transient provision of the Code
Organic of the Judicial Function. In any case, you will not
consider any privileges for entry to that
race.
Third.-Collegiate organs for military and police judgment.- Immediately after the enactment of this law, the Council of the Judicature, a
through the Judicial School, must establish in the
processes Initial and permanent training of prosecutors,
judges and judges, law training programs
police, military and International Humanitarian Law.
Fourth.-From staff.- Within three hundred Sixty-five days (365) counted since the validity of this law, the
National Assembly must pass the law on police and military personnel
including an update of the
catalog of misconduct or disciplinary violations, as well
as the competent authority to judge and the
procedures, respectful of due process, for
administratively sanctioning.
Fifth.-Disciplinary Officers.- Until the National Assembly passes the law on police and military personnel that
includes the classification and sanction of faults and
disciplinary violations, servers and servers
police and military officers will be judged by the commission of
disciplinary misconduct under the provisions
currently in force.
First Repeal Provisions.- Repeal the Criminal Code of the Police National, enacted in the Register Supplement
Official 1202 of September 20, 1961, and all of its
reforms.
Second.- Defeat the Military Criminal Code, published in the Supplement to the Official Registry 356 of 6 June 1961,
and all its reforms.
Third.- Defeat all general and special provisions that object to this Law.
Final Disposition.-Vigencia.- This Law shall enter into force once it has been enacted in the Official Register.
Given and subscribed to the seat of the National Assembly,
located in the District Metropolitan de Quito, province of
Pichincha, at the twenty-seven days of the month of April two thousand
ten.
f.) Fernando Cordero Cueva, President.
f.) Dr. Francisco Vergara O., Secretary General.
CERTIFIED that the National Assembly discussed and approved the REFORM LAW FOR THE CRIMINALISATION OF CRIMES COMMITTED IN THE MILITARY AND POLICE SERVICE, in the first debate on 26 and 30 November 2009, in the second debate on 19 January and 18 March 2010
and on the partial objection of the President
of the Republic on April 27, 2010.
Quito, May 10, 2010.
f.) Dr. Francisco Vergara O., Secretary General.
