Sicariato as an aggravating circumstance of the crime of murder in the COIP

Abstract

Introduction: The legislator has recognized the need to incorporate new criminal offenses in the text of the Ecuadorian penal norm known as the COIP, for the protection of legal interests. However, these punitive control mechanisms have proven insufficient, as is the case with Article 143, which establishes the crime of hired assassination as an independent offense from murder, without considering that both offenses already prescribe an equivalent penalty for the act of killing. The only difference lies in the former, where the commission of the criminal act is attributed to a payment or reward. Methodology: Given the, the research article employs a qualitative approach, as it draws from doctrinal studies, jurisprudence, scientific articles, and is substantiated by interviews conducted with knowledgeable individuals in the field, revealing a favorable understanding of the research problem. Results: Consequently, in the subject under study, the primary focus was directed towards considering the crime of hired assassination as an aggravating circumstance of the crime of murder within the COIP. Conclusions: In this context, the punitive measures applied to the mentioned offenses are the same. However, for better protection of the safeguarded legal interest (life), it is imperative to enact reforms aimed at both increasing the penalty and implementing criminal policies regarding the crime of hired assassination. Having the same penalty and the same governing element has done nothing to mitigate the occurrence of violent deaths in recent times.