The victim of trafficking in the crime of illicit trafficking of scheduled substances subject to control: A legal solution applicable in Ecuador?

Abstract

This research aims to demonstrate that the "mule" of drug trafficking is a victim within the crime of trafficking in persons for sexual purposes under certain parameters established in Ecuadorian legislation comparing it with Argentine legislation. Also, the crime of drug trafficking and its acquittals will be studied, showing that the ratios decided by the chambers are based on other concepts such as: the competence of indigenous jurisdiction, principle of favorability compared to the reduction of penalties for the crime of illicit trafficking of scheduled substances subject to control (hereinafter the crime of drug trafficking), poor practice of evidence, among others. Without leaving aside, the analysis of Argentine legislation is the same that has points in common with the Ecuadorian reality and is applicable under our legal system.

It should be noted that the issue has not been studied in Ecuador in the last seven years. Rather, with the entry of the Organic Integral Penal Code (hereinafter COIP) a difference between the scales of drug trafficking was consolidated and discussion of Ecuadorian drug legislation was stopped. Indeed, it is necessary to visualize the lack of use of article 93 of the COIP on the principle of non-punishability of the victim of trafficking, which, being so broad, gives a valid argument to the defense of human drug mail by evidencing its quality as a victim. However, it is important to establish the requirements for this exemption from punishment to be assessed, such as evidence of exploitation, participation in drug trafficking as a product of abuse and consistent proportionality between the situation originated and the crime committed.