Our criminal laws are made for normal citizens, who have a balance in defense, without the burden of the prosecution or the state unjustifiably falling on them, their rights are respected and the stability of the system is maintained. However, in recent years, in all parts of the world, the drug trade, its ramifications and state corruption have conquered everything that can oppose them with their enormous illegal wealth. If they are institutions, they kidnap them, such as the police, in some cases the armed forces, the judiciary or politicians of any level, who run the country, and if they are individuals, they subjugate or liquidate them. The problem is that Ecuador and many countries are on the verge of becoming narco-states, in Colombia and Mexico this is prevented by a law-abiding judiciary, they due to special circumstances, some as the largest producers of coca, and the other because of their neighborhood with the largest drug consumer in the world. Because of our institutional and human weakness, we are losing the battle against drugs.

running away from crime

Due to these circumstances, At this time when the guarantee is still being declared regardless of the rights of the victims, new doctrines have emergedThe most important is the criminal law of the enemy, named after Gunther Jakobs, a German criminal lawyer and philosopher, professor at the University of Bonn, in 1985, and updated at a criminal law symposium in Berlin. It corresponds to a model that seeks as a basis to stabilize the penal system, modified by these new crimes. It has three elements: a) advancement of criminal responsibility, b) high penalties, c) suppression of certain procedural guarantees.

Kidnapping for extortion is among 11 organized crime-related crimes in Ecuador, according to the Observatory

… it would be necessary for there to be a Judicial Council or a National Assembly that would be interested in society’s problems.

Francisco Muñoz Conde believes that these would be two different criminal laws, although they admit that their provisions could be included in the criminal system, that is, considered as different criminal laws. If it were considered so, its application would be more functional than separate provisions, so that there would be no conflicting interpretations. Other writers such as Cancio Melia deny that it is a criminal law. Others see it as an attack on human rights. But for now, ordinary criminal law must be the mediating factor between constitutional imperatives and society’s demands for rights. In domestic practice, terrible measures are taken against crimes and criminals who are enemies of society. For example, facilitating the passing of certain tests or limiting the application of summary procedure in certain criminal offenses as in Article 96 of the reform of March 29, 2023. Creation of judges to fight corruption; It should also be envisaged that habeas corpus and protective actions in cases of serious crimes are also handled by anti-corruption judges or in other jurisdictions where there is no pressure from drug trafficking or organized crime, or are processed at a higher instance. , but of course it would be necessary for there to be a Judicial Council or a National Assembly that takes an interest in society’s problems. (OR)