Los delitos contra la biodiversidad establecidos en el Código Orgánico Integral Penal, y su regresión normativa en relación al Código Penal

Abstract

The Código Orgánico Integral Penal (COIP) was published in 2014 with the purpose of concentrating in one codex the substantive and adjective norm, and also to adapt the criminal law to our new reality. The former Código Penal (1971) incorporated for the first time a catalogue of environmental crimes since the reform of 2000, as a consequence of the recognition of Pachamama as a subject of rights in our 1998 Constitution. The main success of the norm prior to COIP was the consideration of environmental crimes as crimes of danger, so it was not necessary to verify materialized damage to perfect the penal type. With the publication of COIP the aim was to improve or at least to match the former level of environmental protection; however, the catalogue of environmental crimes has signified a normative regression because of two main reasons: a) environmental crimes are no longer crimes of danger, therefore certain crimes require the materialization of the damage; b) there are blank norms that remit the determination of certain figures of the type to administrative authorities for the configuration of it