Aplicabilidad procesal de la cooperación eficaz y la colaboración en el proceso penal ecuatoriano.

Abstract

Background: In Ecuador there are deficiencies in the procedural applicability of effective cooperation and collaboration, since cooperators and collaborators are often treated indistinctly in criminal proceedings. Objective: To determine the differences that occur in judicial practice between effective cooperation and collaboration in the Ecuadorian criminal process. Methodology: A non-experimental retrospective investigation was initiated, with a mixed approach. Empirical methods will be applied, normative content analysis and interviews, with the revision of the norm and process files with the application of cooperation and collaboration 2019-2022 in Pastaza. Results: Only six processes authorized for effective cooperation were identified and a high percentage of processes with indistinct cooperation-collaboration treatment was found. Similar efficacy values and positive results were found. Negative results were higher with collaboration, which accompanied crimes such as drug trafficking (73%), murder (18%), and organized crime (9%). Cooperators and collaborators maintained a relationship with gangs and a situation of poverty. 66% of cooperators agreed to the agreement with the highest punitive benefit. Legal professionals considering that cooperation should not be limited to certain crimes; it must be applied in the tax investigation stage; greater clarity and distinction between both legal figures is necessary. Conclusions: Both legal figures present legal gaps that hinder their due applicability. A legal document is proposed with modifications to the standard to guarantee its correct application.