La tipificación de delitos penales mediante Consulta Popular en el Ecuador

Abstract

In this research work, the focus is on studying the possibility and suitability of using direct participation mechanisms such as popular consultation to classify criminal offenses in Ecuador. Based on the study, the two positions that exist in this regard are discussed; On the one hand, there are those who maintain that, if it is feasible to classify criminal offenses through popular consultation, since this reflects the true will of the people. On the other hand, there is the position that advocates respecting the mechanisms of representative participation, where the National Assembly is in charge of debating and deciding on the classification of crimes, respecting the principles of strict legality and the principle of reservation of law, in accordance with the Article 120 of the constitution, which confers this power on the legislative body. To reach the conclusion that it is not possible to classify criminal offenses through this form of direct participation.