El principio de oportunidad en el COIP y su relación con la pena natural en delitos culposos y dolosos

Abstract

The purpose of this subject is to study the current configuration of the principle of opportunity in the "Código Orgánico Integral Penal”, in specific relation to numeral 2 of Art 412 of mentioned normative body. Rule that limitedly empowers the prosecutor to use the figure of the natural punishment in wrongful crimes dispensing with its application in intentional crimes. We will begin this analysis, reviewing what is penalty, the origin of the penalty in the western world, what are the theories that historically have tried to legitimize its application, among other issues. With the finality of elucidate how the institution of the natural punishment intends to limit the Ius Puniendi's exercise, attending the principles of humanization and the prohibition of cruel punishments. Afterwards, we will observe how the principle of opportunity is reflected in the Ecuadorian legislation, setting our study in its application in cases of natural punishment, to verify if there has been an advance or regression around the cases of its application in the “Código Orgánico Integral Penal” Finally, we will interview the prosecutors and judges with the purpose to know their reasonings in respect to our line of investigation, and to this way strengthen the arguments of our hypothesis.