Análisis de la tabla de medidas de sustancias controladas y sujetas a fiscalización, vigente en el Ecuador, en torno a la configuración legal del delito de tráfico de drogas

Abstract

On Third Chapter entitled Crimes against Good Living of the COIP, on its Second Section, we find regulated the Crimes of Production or Illicit Traffic of Substances Cataloged, and Subject to Inspection, and precisely article 220 regulates the figure of illicit traffic in scheduled substances subject to inspection.
The analysis of this criminal type led us to conclude that there is an inadequate and defective legal configuration in the COIP, because the table of quantities of substances cataloged and subject to control, which exist in Ecuador, in order to qualify the scale or scales this activity is considered a crime, does not conform to the full content of Criminal Law, more exactly the last paragraph within this same article, which states that: “The possession or possession of narcotic or psychotropic substances for personal use or consumption in the amounts established by the corresponding regulations, shall not be punishable.”

We also perceive that by admitting the influence of its legal configuration, it will also affect the integration and application of this criminal type, and therefore, will find judicial pronouncements that, if implemented as provided for by law, will create important conflicts between the constitutional principles of legality, and when in doubt, in favor of the defendant. In order to demonstrate this hypothesis, let us begin the analysis.