La cooperación eficaz como técnicade investigación frente al delito de delincuencia organizada y su aplicación en el Ecuador período 2014-2018

Abstract

The special mitigation of effective cooperation in related crimes of Organized Crime, is one of the legal tools of criminal policy for the punishment and prevention of such crimes, which once considered intended to substantially reduce the penalty of the accused and is framed within the special benefits of the former Premial Criminal Law. The procedural legal qualification and the assessment of effective cooperation as sufficient proof of its concurrence corresponds to the Public Ministry in an exclusive and conclusive manner and not to the oral courts. In Ecuador from the year two thousand and fourteen, the legal figure called effective cooperation as one of the investigative techniques was incorporated into the Integral Criminal Organic Code. Among the objectives of this investigation, it is intended to analyze effective cooperation as an investigation technique against Organized Crime and its application in Ecuador, discuss its applicability, identify the crime of Organized Crime and its supporting crimes, compare the application of same in other states and understand the valid elements for Ecuadorian legislation. For this purpose, the survey and the interview that have been carried out to legal professionals and officials related to the criminal area, who have contributed valuablely in the construction of this investigation and have allowed conclusions and recommendations regarding their investigation have been applied as research tools. application in Ecuador.