Análisis de la discrepancia en la obtención de los elementos de convicción en los delitos ambientales señalados en el COIP en los Art. 251, 252 y 253.

Abstract

Ecuadorian environmental legislation has evolved over time, from the consideration of nature as a legal entity for the defense of the State, to the imputation of criminal responsibilities regarding the effects that may have been committed against it. What has not yet been fully defined are the specific procedures in the environmental criminal sphere, since they are treated the same as other crimes, this branch of the legislature being a slightly more technical and complex issue, which is why it requires more attention to the coordination of the procedures and the most appropriate instruments that allow an agile and prolix action of the Prosecutors. The inconvenience that arises in the procedure at the time of carrying out the burden of proof according to the parameters determined by the Organic Code of the Environment is the object of this investigation, since according to this legal article it indicates that the operator (imputed for the crime) will be responsible for the costs of the tests necessary to determine the involvement of the crime. This conflict generates divergences of thoughts regarding the legality and veracity of the results that are collected, which will be exposed within the present work.