DELITO DE RECEPTACIÓN EN ECUADOR Y SU AFECTACIÓN AL PRINCIPIO CONSTITUCIONAL DE PRESUNCIÓN DE INOCENCIA

Abstract

This academic paper begins with the analysis of the concept of the presumption of innocence, being of vital importance to the criminal process as a guarantee of due process. Here, it is necessary to inquire into its basic elements, especially their inclusion in the constitutional provision, along with the matching between Ecuadorian legislation and international treaties. In this context, we will study the crime of receiving stolen goods. This in order to analyze its basic elements, questioning the legally protected, and its evolution in the Ecuadorian criminal law. It is also worthwhile to note what their differences with other types of group criminal offenses against the economic order. With the exposure of the above concepts an analysis of the decision of the Constitutional Court on the crime of receiving, legal origin are presented, through the analysis of that Court. In addition, we study how the offense is regulated in the new Criminal Code.