La no tipificación de la necrofilia en la legislación ecuatoriana.

Abstract

There is no typification of Necrophilia in the Integral Organic Penal Code (COIP), which leads to the analysis of the absence of regulations concerning this monstrous fact that, although it does not have frequent reports, it is considered that the proposal of a legislative reform that guarantees the corresponding sanction and protection of post mortem rights is indispensable. Conceptually, necrophilia is defined as sexual attraction to corpses; socially and ethically, necrophilia corresponds to the imminent violation of human integrity. This problem not only harms the victims directly, but also indirectly affects the families of the deceased and the community itself, by calling into question social values such as respect and post-mortem dignity. The specific legal issue that emerges from these considerations, within the scope of this research, could be due to the fact that the Ecuadorian legislative framework does not expressly classify necrophilia as a crime. This legal vacuum fosters impunity and violates the principles of justice and human dignity contemplated in the Constitution of the Republic of Ecuador as well as in international treaties to which the country has subscribed. Based on the application of fundamental rights and the legislation of other countries, through a comparative analysis, this work projects the urgency of incorporating a specific article to the COIP that comprehensively develops this problem. The proposal to give visibility to the idea of typification seeks to set a precedent in order to establish proportional penalties and aggravating criteria that consider factors such as the use of violence or the condition of officials responsible for the handling of corpses.