Extralimitation in the Execution of a Service Act in Ecuador; analysis of case No. 06282-2021-01091.

Abstract

The present research work analyzed whether or not there was a correct application of the Ecuadorian Legislation in accordance with Articles 46 Transcendental attenuating circumstance and 293 Extralimitation in the execution of an act of service within the case No. 06282-2021-01091, and also considered what were the substantial grounds considered by the Court of Criminal Guarantees of Riobamba when issuing its sentence.

As this is a qualitative, descriptive study, it is intended to provide a broader perspective on the use of firearms and other types of force used by the police officer Santiago Olmedo against the criminals on June 11, 2021; and through a documentary review of the sentence of case No. 06282-2021-01091, it is also considered what were the substantive grounds considered by the Court of Criminal Guarantees of Riobamba when issuing its sentence. 06282-2021-01091, it will be concluded with the observation of the correct application and severity of the norm, from the approach of the actions of the police officer in a criminal act, and the high degrees of violence that they are forced to handle by the criminals.

It is concluded that there is an inaccuracy and lack of judgment, since the police officer made an inadequate use of force and exceeded the margins established by law and the regulation of the Legal, Adequate and Proportional Use of Force for the National Police of Ecuador, since there should be a fair treatment and rigidity of judgment for police officers.