The extensive interpretation of the criminal nature of trafficking in scheduled substances subject to control: The case N° 18282-2018-00726

• Main Author: Ví­ctor Vicente Vásconez Merelo
• Format: Article
• Language: Spanish
• Published: Pontificia Universidad Católica del Ecuador 2020-08-01
• Series: Revista Facultad de Jurisprudencia
• Subjects: criminal law; interpretation; crime; drug trafficking; criminal sanction.
• Online Access: http://www.revistarfjpuce.edu.ec/index.php/rfj/article/view/129

The author analyzing the penal type prescribed in article 220 of the COIP, because he considers their interpretation is extensive. To verify this assertion is necessary to evaluate the international legal context for the illegal use of narcotic and psychotropic substances, in line with the old Narcotics Law that was invalidation until the enactment of the COIP in 2014. Additionally, the paradigm shift has drawn up as a result of the entry into force of the National Constitution of 2008, which stops the consumer of prohibited substances as a criminal from receiving treatment for victims. Finally, the author analyzes to correctly interpret the aforementioned criminal type and consequently proposes an interpretation criterion reflected in the analysis of a judicial case that occurred in one of the Ecuadorian courts, thus concluding that in the Ecuadorian criminal legal system simple drug possession is atypical.