COIP Reforms: legislative rationality versus punitive populism in Ecuador

Abstract

The constant reforms to Ecuador's Comprehensive Organic Criminal Code (COIP), particularly those of 2023, present technical-legal challenges that question legislative rationality in criminal matters. This article analyzes three problematic areas: the accelerated incorporation of new criminal offenses such as the unauthorized construction or use of semi-submersible vessels (Art. 370.1), the generation of legal antinomies in the fine system between Article 70 and special provisions, and the extension of the uninterrupted pursuit period in flagrancy from 24 to 48 hours. The research employs a dogmatic-legal and exegetical methodology, complemented by comparative criminal policy analysis. The results reveal that these reforms predominantly respond to punitive populism logic, subordinating constitutional and dogmatic principles (such as ultima ratio, proportionality and taxativit) to electoral and media imperatives. It is concluded that the lack of prior normative impact studies, the systemic contradictions between general and special provisions of the COIP, and the tension with constitutional guarantees of personal liberty create a legal insecurity that compromises the effectiveness of the Ecuadorian criminal justice system.

Keywords: punitive populism, COIP, legal antinomies, flagrancy, criminal policy.