La pena natural como sustituto de la pena jurídica en el contexto legal ecuatoriano de acuerdo al Código Orgánico Integral Penal

Abstract

The natural penalty is a legal figure that has evolved throughout history. It initially started from a religious conception involving the application of a punishment given by a divine entity, up until nowadays where it is legally regulated. In our country, it is important to point out that in 2009, through the approval of the Law Reforming the Code of Criminal Procedure and the Penal Code, despite not being expressed as "natural penalty” by itself; this reform, among other aspects, incorporated for the first time the principle of opportunity among the general rules of criminal action. As of today, according to the Código Orgánico Integral Penal (which is our current Criminal Code) it is legitimate to apply for the natural penalty in traffic offenses when the victims are relatives of the offender, and also the wrongful violations in which the investigated or processed suffers physical damage that makes it impossible to live a normal life. Thus, when a case is presented in which the application of the natural penalty can be requested, the prosecutor must abstain from accusing and once the figure is declared, the exercise of the criminal action will be extinguished.