Análisis del tipo penal de delincuencia organizada en el código orgánico integral penal

Abstract

The objective of this work is focused on analyzing the need to classify organized crime as an autonomous crime, based on the complexity of social relations resulting from globalization, as well as the use of these advances by crime. This criminal type is addressed through the application of the grammatical analysis of the criminal type. To achieve this objective, it used the documentary technique, analyzing texts from different sources, physical and virtual, as well as the exegetical method, which allowed analyzing the criminal type of organized crime present in the Comprehensive Organic Criminal Code and comparing it with the criminal type of illicit association. The main results were the divided appreciation that exists on the part of the doctrine regarding the need for autonomous classification of the crime of organized crime, being pertinent to highlight that a large group of jurists express that the crime of organized crime is an average crime, for what its typification is not shared. It is concluded that the Ecuadorian legislator has classified the crime of organized crime as part of the international recommendations, drafting this type with some differences with respect to that of illicit association, determining its usefulness in such differences.