Concurrence of offenses and connection in the COIP: An essential distinction for proper interpretation and application in the ecuadorian judicial system

Abstract

This article addresses a significant topic within the Ecuadorian judicial system, specifically the distinction between the concurrence of offenses and connection, as established by the Organic Comprehensive Criminal Code. These legal concepts serve distinct purposes: the concurrence of offenses determines the rules for the application of penalties, while connection establishes jurisdictional rules, considering that the purpose of connection is to facilitate the operationalization of criminal concurrence in its various forms. However, the analysis conducted revealed normative deficiencies, which were compared with Spanish law—a benchmark in the topics under study—since Spanish criminal law has more effectively developed these legal institutions. In this context, following the analysis presented in this article, the identified normative deficiencies and the pressing need for legislative reforms are highlighted. It is essential for Ecuadorian procedural law to develop legal institutions that enhance the judicial system, as the establishment of precise procedural rules will enable a fair and equitable application of criminal law. This, in turn, will guarantee the general public's right to legal security and strengthen the rule of law and justice.