ANÁLISIS DE LA CONTROVERSIA DEL PAGO EN EL DELITO DE SICARIATO POR DELINCUENCIA ORGANIZADA AL AUTOR MATERIAL FRENTE AL DELITO DE ASESINATO EN ECUADOR

Abstract

This investigation established the problem that arises within the crime of hitmen when proving, within the criminal process, compliance with the governing verb of payment or satisfaction of the remuneration promise for the execution of the crime of hitman. This event gives rise to a controversy, since it is questioned whether the criminal type of hitman on the budget of payment for the execution of a contracted death is an element that can be demonstrated procedurally, given that, if not proven, it leads to that the mediate perpetrator of the crime cannot be identified, which in turn means that said crime is reformulated as murder, thereby covering up the mediate perpetrator. Consequently, a theoretical and normative study was carried out that analyzes and explains the reasons for this problem through theories related to organized power apparatuses. In this way, a study was carried out with a qualitative approach that compiled different criteria and theoretical positions analyzed and related to the normative foundations to understand how the problem that the object of research is structured. Consequently, as a result or main conclusion, it was identified that the criminal type of hitmen within the COIP allows the perpetrators mediated through the organized power apparatus to dispose of the hitmen, avoiding being discovered and prosecuted, so that the hitmen are the only ones criminal agents who must face a sentence after reformulation of charges.