Ambiguity in the Application of Article 449 Paragraph 8 of the Comprehensive Organic Criminal Code Regarding Vehicle Retention in Ecuador

Abstract

Introduction: This research addresses the ambiguity of Article 449, paragraph 8, of the Comprehensive Organic Criminal Code (COIP) regarding the impoundment of vehicles following traffic accidents in Ecuador. The problem arises from the lack of a clear deadline for the delivery of expert reports, which leads to prolonged impoundments without legal basis. The central question raises how this ambiguity affects citizens' constitutional rights. The overall objective is to determine the impact of this ambiguity on the violation of rights such as property, labor, and effective judicial protection. Materials and methods: The methodology included a mixed approach, using surveys, interviews with prosecutors, judges, and experts, as well as normative and comparative analysis with laws from Colombia, Chile, Argentina, and Spain. The results show economic impacts and a lack of uniformity in the application of the law. Results: The proposal proposes a reform to Article 449, Section 8 of the COIP, establishing a 36-hour deadline for the submission of technical reports and guaranteeing the return of the vehicle within 72 hours. Discussion: This proposal received support from experts in criminal and procedural law. Conclusions: The conclusion highlights the urgent need for a reform that ensures a fair and efficient process.