Analysis of equality of arms in the crime of organized crime within Ecuador

Abstract

The principle of equality of arms has not been the subject of in-depth study in Ecuadorian doctrine and jurisprudence, since it is not explicitly contemplated in the normative text. However, its application is of utmost importance for the exercise of the other principles, rights and guarantees of due process. For this reason, the purpose of this article is to analyze the principle of equality of arms in the prosecution of the crime of organized crime in Ecuador and to lay the theoretical foundations so that it can be approached in a broader manner, in order to strengthen the praxis in the justice system. The research is qualitative, based on the consultation of documents and specialized bibliography of regulations and jurisprudence that were considered relevant for the development of this topic, and also proceeded to execute descriptive research, since a phenomenon that requires further definition was addressed in a timely manner. As a conclusion, it was determined that in the Ecuadorian justice system there is a clear violation of the principle of equality of arms in the prosecution of organized crime as defined in Article 369 of the Organic Integral Penal Code.