Year: 2026
Type: article
Abstract: The absence of the aggravating circumstance of “damage to nature” in Article 266 of the Comprehensive Organic Criminal Code, as it is a public action offense subject to private complaint, gives rise to investigations conducted by the authorities responsible for criminal prosecution, namely the Ecuadorian State Attorney General’s Office. The theft of hydrocarbons has increased significantly, causing severe environmental impacts and violating the rights of nature enshrined in the Constitution. Article 266 of the COIP (Comprehensive Organic Criminal Code) focuses on fraudulent appropriation while omitting environmental aggravating factors that would differentiate penalties, thereby weakening the protection of these assets. From a regulatory standpoint, there is a lack of a specific aggravating factor linking environmental damage to the penalty. From a technical-environmental perspective, these illegal activities generate pollution that is often irreparable. Judicially, the Prosecutor's Office acts solely on the basis of the theft itself, disregarding the concurrence of offenses and the damage to Maestria En derecho procesalenergy security and violates multiple legally protected interests, necessitating a legislative review to ensure appropriate proportionality and to address the environmental costs resulting from these offenses.
Institution: Universidad Estatal Península de Santa Elena
Language: English
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7214988929