Problemática y efecto del delito de delincuencia organizada en la estructura del delito penal.

Abstract

Through this degree work an analysis will be made on the crime of organized crime established in article 369 of the Organic Integral Penal Code, also its structure and the elements of the criminal type that must be configured to be able to formulate charges for this crime will be analyzed, it will be observed through this work as in practice the State when formulating charges for this criminal type has taken in certain cases controversial decisions such as cognitive anticipation, this occurs when an act is punished long before the verification of a damage because, the cognitive anticipation establishes a sanction to an act that has not yet been executed, there is no verified damage, there is not yet a criminal commission that can be estimated within the ordinary criminal types, the act has not yet been consummated, therefore, the penalty to be imposed is unknown, however, This happens in practice due to the very strict rules that this crime has in relation to the penalty to be imposed, which in practice makes its application unjust, and from a constitutional perspective it can become disproportionate, unconstitutional and anticonventional. Another problem with this type of criminal offense, which will be analyzed in this paper, is its scope, since the law does not regulate the problems that arise when a defendant who has not had contact with the leader of the criminal organization is charged.