Inviabilidad del delito de receptación por su tipicidad en el Código Orgánico Integral Penal

Abstract

This study analyzes the limitations in applying the crime of receiving stolen goods in Ecuador, with a critical focus on Article 202 of the Comprehensive Organic Criminal Code (COIP). It is structured in two main chapters. Receiving stolen goods is a crime that, although intended to close the criminal cycle by punishing those who benefit from illicit goods, has become almost a decorative figure in Ecuador. Article 202 of the Comprehensive Organic Criminal Code, by requiring proof of "knowledge" of illicit origin, left in the hands of prosecutors and judges a task that, in practice, is impossible to fulfill: demonstrating what a person knew or didn't know at the time of possessing a good. This burden of proof has rendered the law a weak tool, resulting in more impunity than punishment. This work seeks to unravel these limitations. The first chapter examines the conceptual and legal foundations of the crime of receiving stolen goods, its historical development, the elements that comprise it, and the interpretation it has received from the courts. The second chapter examines the Ecuadorian reality: the difficulty of proving intent, the repeated dismissals of cases, and the social discredit this generates for the justice system. A comparative analysis of legislation, such as that of Colombia and Spain, shows that there are more effective alternatives that could be incorporated into our legislation. Based on this, reform proposals and recommendations are formulated to restore the crime of receiving stolen goods to a more meaningful and effective form within criminal policy, without sacrificing constitutional principles such as the presumption of innocence or due process. Finally, the study concludes with recommendations directed to legislators and judicial bodies to strengthen the regulation and application of the crime of receiving stolen goods in Ecuador, and lines of research are suggested for future studies.