Análisis del ámbito de aplicación de la figura procesal de la cooperación eficaz en Ecuador con la reforma del Código Orgánico Integral Penal.

Abstract

Effective cooperation is a relatively new figure, with less than ten years of existence in current criminal regulations, which was incorporated in order to obtain precise, truthful and verifiable information related to an offense, for which an agreement is reached with the processed, in exchange for a benefit. Through this investigation, the purpose for which effective cooperation was incorporated is analyzed and in what way it is being distorted when applied to all types of crime, benefiting in an extra-limited way direct participants in the infractions. It is through descriptive research, applying the qualitative research method and through the observation of judicial processes and analysis of comparative legislation, that the conclusion is reached that effective cooperation, as regulated by law, is imprecise and unlimited. At the end of the work, the legislative review of these normative provisions is recommended to circumscribe the application of effective cooperation to certain crimes, so that it is not misapplied to all types of infractions, fading the effect of this procedural figure.