Reformas legales para una adecuada aplicación de estrategias antilavado de activos en el Ecuador.

Abstract

Money laundering is the criminal offense that has undergone the most alterations in recent years. Such alterations are founded on the international instruments that have promoted its expansion in aspects such as the predicate offense or the governing verbs. These instruments have also driven the development of an anti-money laundering system aimed at designing strategies for its detection and eradication. In this way, it is intended to strengthen these aspects, considered as both preventive and repressive. This set of normative strategies and criminal policy is in constant update to, thereby, achieve more effective results in the fight against money laundering. In Ecuador, the criminal offense has had approximately 6 convictions per year since 2017, which does not correspond to reality, nor the actual figures of money laundering. Therefore, this information demonstrates that there are deficiencies in the investigation and repression of the criminal offense. This requires the establishment of various strategies such as the normative institution of parallel investigations within the repressive aspect, with the purpose of expanding the investigation and discovering the financial links of the authors of the predicate offense, in order to thereby ensure the peace of the countries and discourage the commission of the predicate offense.