Delitos de peligro : análisis de la delincuencia organizada y asociación ilícita en el marco legal ecuatoriano.

Abstract

The present study will cover the analysis of the increasing classification of crimes considered dangerous in the Ecuadorian legal order, their expectation of the contemporary world and the role of criminal law in the face of the demands of society seeking security and justice. Classifications of dangerous criminal offences as unlawful association and organized crime refer to a judgment of likelihood of a legal asset being injured, rather than an injurious result in itself. Because of their legal nature they are considered as medium offences, as they seek to achieve other ends. For this reason, its recent incorporation into the legal framework has not been free from criticism, in view of the contradiction with constitutional norms, the presumptions of facts in the aforementioned crimes are opposed to elementary principles, as the right to innocence, as well as the failure to produce evidence to the contrary, affecting an alien legal. It makes it possible to advance the barriers of criminal discipline, and consequently the punishment without the existence of any affectation. In these cases, the limits of punitive power cease to be of last and restrictive ratio; becoming a protagonist in the criminalization of conduct.