La reincidencia culposa: un análisis jurídico y doctrinario

Abstract

The figure of culpable recidivism typified in Article 57 of the Ecuadorian Organic Integral Penal Code is analyzed with respect to the existence of possible violations to basic principles of law, such as proportionality and culpability, in addition to its application as an aggravating factor in cases of dangerousness of the offender and potential to commit infractions again, highlighting the non-compliance with the purposes of criminal law. The possible divergence between Ecuadorian legislation, international treaties and jurisprudential positions are issues to be highlighted in the work. This is a qualitative and documentary type of research, focused on building a correct differentiation between generic and specific recidivism, to avoid future transgressions to the rights of those convicted for guilty recidivism. It is concluded that the application of Article 57 of the COIP punishes the conduct of the person, which violates the inherent rights of Ecuadorians and foreigners residing in the country, because it takes into account the dangerousness of the individual as an identifier of the recidivist, this results in a previous tendency to the judge at the time of sentencing, failing to comply with the purpose of maintaining a legal order that avoids putting the recidivist in a vulnerable situation.