The crimes of multiple murders in the new ecuadorian scenario

Abstract

In Ecuador, the increase in criminal organizations, increase in drug trafficking, firearms, ammunition and explosives, reduction of the economy, lack of sources of employment, increase in poverty, and Ecuador being a dollarized country, these factors have had an alarming impact on the change in behavior of society that seeks to survive in the midst of an alarming crisis. It should be noted that from 2018 to 2023, murders and multiple murders have increased dramatically, going from being a country of peace to one of the most violent countries in the region, OECS (2023) notes that “In 2023, Ecuador recorded its highest number of intentional homicides since quantitative measurements have been made, with a total of 8004 events. These, divided for the total population defined in the last population census of 2022 (16,938,986 of Ecuadorians), result in a homicide rate per 100,000 inhabitants of 47.25, making the country the most violent in Latin America” (Contero, 2023, p. 10), as a result of which life ceased to be a fundamental right.

Therefore, the research problem is to provide the judicial authorities with legal tools to protect the right to life of the Ecuadorian population by identifying the consequences of the lack of classification of an aggravating or an autonomous criminal type, which allows to differentiate multiple murder from homicide, for this a dogmatic analysis will be constructed to identify the reasons and benefits that would entail the construction of an autonomous criminal type called multiple murders.

Finally, the Spanish model of accumulation of penalties will be evaluated and how it differs from the Ecuadorian model, evidenced the process by which the accumulation of penalties is carried out and how the Ecuadorian legal system could be implemented in order to protect the constitutional right to life recognized in articles 45 and 66 of the Ecuadorian Constitution.

Keywords: human rights, fundamental rights, murders, criminality and increased penalties.