Análisis del caso: 17293-2018-00258: invasión de áreas de importancia ecológica a la luz del articulo 245 numeral 1 de Código Orgánico Integral Penal

Abstract

In the present work, entitled “Analysis of the case: 17293-2018-00258: invasion of areas of ecological importance in light of article 245, number 1 of the Código Orgánico Integral Penal”, a process that was aired in the Judicial Unit of Criminal Law, in the Rumiñahui canton, Pichincha province, in 2018; where two people are prosecuted for the invasion of the Antisana Ecological Reserve, since July 21, 1993, they are part of the protected natural areas in Ecuador; and the aggravating factor of number 1 of the referred article is applied to them because they hunted two white-tailed deer, whose scientific name corresponds odocoileus virginianus ustus, a wild species that according to the "Red Book of Mammals in Ecuador" their national conservation status it is "near threatened", which means it is a critically endangered species of wildlife close to critical. The analysis of the case is made from a criminal point of view, based on doctrinal conceptualizations, considering that doctrine is one of the sources of law, and then we refer to another important source that is the law, in this case we have relied mainly on the content of the Código Orgánico Integral Penal, but also of other regulatory bodies and ministerial agreementes; to finally, this modality of titling be a case analysis, go to the case, expose how it is found, if it is the correct way, and in its absence indicated from our point of view how they are carried.