Ecuador: relationship between Jail time and the crime in new criminal code draft

Estefanía Celi and Javier Ortega/elcomercio.com / The person who burns down a place, even uninhabited and in which explosive materials exist, will be sanctioned with 10 to 13 years of jail. The same penalty will be received by people who are convicted of the crimes of homicide, terrorism, embezzlement, extortion kidnapping or money laundering. It stipulated in the draft Code of Criminal Integral (COIP), which is pending in the National Assembly. This is one of the cases that demonstrates the apparent inconsistencies that these regulations have regarding the proportionality of sentences, according to Santiago Guarderas, Dean of Law of the Pontifical Catholic University. “These are clear examples that show that there is no proportionality. The problem is that there is no established criminal policy within the project. ” However, the perception of Mauro Andino, president of the Justice Commission, is that the proportionality of the penalties in the project has been applied. “The sanctions were fixed according to the gravity of the violation of the rights. Starting with life, we have landed on other crimes. ” Xavier Andrade, a professor at San Francisco University, says that for a criminal judge to be able to apply a penalty in due proportion, there must be a broad range between minimum and maximum penalty in each criminal type. “The problem is that COIP has a very short dosimetry, that is, one and two years difference between the maximum and minimum (of the penalty), which will prevent the dosimetry is accurate.” According to Andino, tomorrow will be the session of the Justice Commission, in which they will prepare the report so that the Plenum of the Legislature may or may not leave the partial veto of the Executive.

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Then some of the crimes and their respective penalties.
Up to 1 year Injuries. The person who injures another, if as a result occurs in the victim a damage, illness or disability less than 30 days.

Disclosure of secrecy. That person who divulges a secret and that, therefore, damages the reputation of another.

Deception to the buyer. Misleading advertising of property is punishable by deprivation of liberty from six months to one year. Impediment of the right to strike.

The person who limits or prevents participation in a strike will receive between two and six months in prison.

From 6 months to 2 years Slander. The person who, by any means, makes a false imputation against another.

Theft. The law punishes with that penalty who, without exercising violence, seizes the property of a person. Receiving. The person who hides, stores or sells objects or goods resulting from theft, robbery or rustling.

Attack or resistance. The law punishes those who assault or threaten public employees in judicial decisions, tax notification, etc. 1-3 years

Breaking of stamps. The person who breaks or withdraws the stamps imposed by the authority.

Lack of affiliation to IESS. The employer who does not affiliate their workers to Social Security compulsory, within 30 days from the first day of work.

Rape. The person over the age of 18 who has relationships with another who is over 14 but under 18. Abigeato. The person who takes possession of one or more heads of cattle, horses, pigs, etc. 3-5 years Culpable homicide. The person who by fault (unintentionally) kills another. Sexual abuse. The person who, against the will of another, forces her to perform an act of a sexual nature without any penetration. Crimes against water. The person who contaminates, deters or disrupts bodies of water, slopes, sources or flows. Theft of property for police or military use. The server steals weapons, such as weapons, ammunition or explosives. 5-7 years Subversive groups. The person who promotes or participates in armed organizations aimed at subverting public order or substituting the Armed Forces. Or Police. Against the reserved information. The person who destroys or disables classified information in accordance with the law. Illegal mining. The unauthorized person extracts, exploits, exploits, markets or stores mining resources. Kidnapping. He who deprives another person of his freedom against his will. 7-10 years Sexual exploitation. The person who sells, lends or gives in exchange to another to perform one or more acts of a sexual nature. Trafficking in persons. The recruitment of people, within the country or towards others, for exploitation purposes. Forced prostitution. Who obliges, demands, imposes or promotes sexual acts against the will of another. Child pornography. The person who films, records or photographs by any means naked or semi-naked children. 10-13 years Fire. The person who burns down a place, even uninhabited and in which explosive materials exist. Manslaughter. The person who kills another. Terrorism. The person who provokes or keeps the population or a section of it in a state of terror. Peculation. Public servants who, for their own benefit or that of third parties, arbitrarily misappropriate or dispose of movable or immovable property, public or private money, parts, titles or documents. 13-16 years Sexual exploitation. The person who sells, lends or gives in exchange to another to perform one or more acts of a sexual nature. Trafficking in persons. The recruitment of people, within the country or towards others, for exploitation purposes. Forced prostitution. Who obliges, demands, imposes or promotes sexual acts against the will of another. Child pornography. The person who films, records or photographs by any means naked or semi-naked children. 16-19 years Sexual exploitation of vulnerable groups. The person who sells, lends or gives in exchange to another to perform one or more acts of a sexual nature on older adults, children, adolescents, pregnant women or persons with disabilities. Ethnocide. The person who destroys the identity of the people in voluntary isolation. Abandonment of persons. Whoever leaves older adults, children, adolescents or pregnant and death occurs by that fact. 19-22 years Violation. The total or partial carnal access of the male member or the introduction of objects, fingers or organs other than the male member, either vaginal or anal, to a person of either sex, when violence or intimidation is used or the victim is deprived of the Sense.SClB Treated people aggravated. These are cases in which, due to exploitation, the victims of the unlawful act then suffer from diseases or any serious physical and psychological damages that are irreversible. 22-26 years Slavery. The person who exercises all or some attributes of the property right over another person. Extrajudicial execution. The agent or official who deprives the life of another and relies on the power of the State to justify their actions. Murder. The person who kills another placing the victim in a situation of defenselessness, inferiority or taking advantage of their situation. Sicariato. The person who kills another by price, payment, reward, compensation pledge or other benefit. 26-30 years Genocide. The person who carries out actions with the intention of totally or partially destroying a national, ethnic or political group. Extermination. The person imposing conditions of life that affect the survival of a civilian population or part of it. Offenses against humanity. Extrajudicial execution or slavery committed as part of a widespread attack on a civilian population. Persecution. The person who deprives a group of rights, based on reasons of identity of that group. Read Full Article