El maltrato animal y la dificultad de llegar a una sanción dentro del proceso penal en el Ecuador

Abstract

Animal abuse is a current problem that is relevant with respect to the sanctions that are imposed when the existence of this conduct is demonstrated, however, there is complexity in reaching a sanction within the criminal process in Ecuador, for which, the The main objective of the investigation was to determine the difficulty of punishing animal abuse, from the identification of existing limitations in the administration of justice for crimes of animal abuse, carrying out an analysis of the protection of the rights of animals protected and typified by the COIP. , in accordance with the theoretical context and based on Ecuadorian criminal law, which allowed obtaining information on the classification of the crime of animal abuse and the special criminal procedure that is followed for its prosecution, through the presentation of the complaint with the evidence of charge that allows to demonstrate the existence of the infraction and the responsibility of the defendant. For its execution, the study had a qualitative approach, with a descriptive level of depth, the methods used were normative and socio-legal, with the application of the techniques used, which were: documentary and interview, which allowed us to conclude that the classification of animal abuse is described in the COIP, plus there is difficulty in the process to demonstrate criminal responsibility and punish the aggressor, because these facts are made known through the complaint, initiating a procedure for the private exercise of the criminal action, having to present supporting evidence for effective prosecution.