Necesidad de reformar los numerales uno y dos del artículo doscientos veinte del Código Orgánico Integral Penal, a fin de tipificar como varias infracciones las conductas relacionadas al tráfico ilícito de sustancias catalogadas sujetas a fiscalización

With the entry into force of the new Code of Criminal Integral (COIP), four scales are set to punish illegal traffic of narcotics and psychotropic substances subject to control. The new table that establishes the minimum and maximum of each scale, and for each substance amounts were approved by the Board of the National Council on Narcotic Drugs and Psychotropic Substances (CONSEP). With this change to the law, one of the problems that may arise is that, in the absence of the presumption of consumer sales only; the person who is found in possession of one gram of cocaine, will have to demonstrate that it is consumer, since otherwise it is considered trafficking minimum scale is zero to fifty grams, and has a possible penalty from two to seven months. Thus, the presumption of innocence under Article 364 of the Constitution of our country, which states that addiction is a public health problem and that in no case shall they be criminalized nor their constitutional rights violated is violated. Article 220 of COIP indicates that is punishable by imprisonment for "The person who directly or indirectly without authorization requirements under the relevant regulations: Bid, store, mediates, distribute, buy, sell, send, transport, market, import, export, use, possess or generally make illicit trafficking in narcotic drugs and psychotropic substances or preparations containing them, in the amounts stated on the scales provided for in the relevant regulations ". The application of penalties will be based on a table of maximum quantities, the same as noted above was prepared by the Board of Directors of CONSEP. The table in question regulates traffic at low, medium, high, high level, for seven substances, so that for heroin minimum is zero to one, the average is one to five, the highest is five to twenty and for a large scale is twenty on, in the same way establishes that cocaine paste is established that the minimum is zero to fifty, the average is fifty to five hundred, high five hundred two thousand, and for the large scale is two thousand on, to cocaine hydrochloride is the minimum of zero to fifty, the average of fifty to five hundred, the highest of five hundred to two thousand for large scale is two thousand onwards for Marijuana minimum is zero to three hundred, the average is three hundred and two thousand, the high is 2000-10000, and for the large scale is ten thousand on, for Amphetamines minimum is two point five zero average is two point five to five, the highest is five to twelve point five, and large scale is twelve point five onwards, for methylenedioxyphenethylamine the minimum is zero to two point five The average is two point five to five, the highest is five to twelve point five, and large scale is twelve point five, all these data sets in grams, and were published dated June 10 of two thousand and fourteen. This on position in determining the amounts corresponding to minimum scale smuggling and threshold quantities for personal consumption ownership, established in Article 228 of COIP also have two opposing dimensions clearly violates the principle of proportionality and the right due process that seeks to apply adequate justice under the laws established in our country. Existing weaknesses in Article 220 of the Code of Criminal Integral must be urgently resolved and that comes only with a reform that allows several offenses criminalize conduct related to illicit trafficking in controlled substances listed subject. And with this reform achieve true justice to adequately sentencing offenders

• Autor principal: Granda Vargas, Fernando Raúl (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2016
• Matèries: CÓDIGO ORGÁNICO INTEGRAL PENAL; EL TRÁFICO DE DROGAS; PROTECCIÓN A LA SALUD PÚBLICA; DESPROPORCIÓN EN LA APLICACIÓN DE PENAS
• Accés en línia: http://dspace.unl.edu.ec/jspui/handle/123456789/9080