La denuncia maliciosa en el sistema penal ecuatoriano : análisis de los vacíos normativos y propuesta para su detección anticipada en la etapa de investigación previa.

Abstract

This study examines the normative and operational gaps in the Ecuadorian criminal justice system regarding the detection, sanction, and prevention of malicious complaints during the preliminary investigation stage. Through a doctrinal, legal, and jurisprudential analysis, it identifies the limitations of Article 271 of the COIP, which does not establish aggravating factors for recidivism and does not empower the Prosecutor’s Office to act ex officio in cases of repeated abusive complaints. National statistics reveal that more than 80% of criminal complaints in Ecuador do not reach a judicial stage, which allows the criminal process to be misused for harassment or personal revenge. Constitutional Court rulings acknowledge the violation of due process and reputation caused by such practices, yet their practical application remains limited. A comparative analysis with Colombia and Chile shows that both countries have more effective mechanisms, such as aggravating circumstances for recidivism and prosecutorial protocols to detect false complaints. Based on this evidence, this paper proposes reforms to Article 271 of the COIP and the implementation of internal records within the Prosecutor’s Office to identify patterns of malicious use of the criminal system, thereby ensuring effective protection of victims from repeated abusive complaints.