Control de constitucionalidad al tipo penal de enriquecimiento privado no justificado, establecido en el articulo 297 del Código Orgánico Integral Penal.

Abstract

The crime of Private Unjustified Enrichment, typified in Article 297 of the Comprehensive Organic Criminal Code, could directly violate the principle of innocence, guaranteed in the Constitution of the Republic, by how much, as it is written, reverses the burden of proof and obliges the defendant to prove the facts of the investigation, even more so, when in the accusatory system, the probative burden is on the prosecution, since it is the call to prove the existence of the materiality of the crime and the causal link that commits The responsibility of the processed person. For this reason, the Constitutional Court, in the exercise of its powers, must carry out the constitutional control of article 297 of the Organic Integral Criminal Code, as it is a rule that, as drafted, could undermine the constitutional guarantees of the right to due process; and that, evidently, if it were still applied, the Ecuadorian State would be violating rights recognized in the Constitution and the International Human Rights Treaties.