Los juegos de azar en línea y el vacío legal en el COIP.

Abstract

In 2011, through a Popular Consultation sent by the then president Rafael Correa, theyvoted in favor of the prohibition of casinos, betting houses and any business where games of chance will be carried out. In execution of the resolution, in 2014 the Comprehensive Organic Penal Code (COIP) came into force, where in its article 236 the prohibition and that the person who puts into operation, manages or establishes these places will be punished with 3 to 5 years in prison. Despite the prohibition, a fewyears ago the boom in online betting and games where there has been no regulation toregulate, since this only covers physical places. And this leaves a legal loophole in the norm. Another issue, being virtual, they do not have domicile in the territory, and therefore do not pay taxes. For this reason, it will be analyzed whether the establishedprohibition of gambling for profit also involves gambling that is promoted virtually.