Límites Constitucionales del Comiso Penal De Bienes De Terceros No Procesados: Análisis de la Línea Jurisprudencial De La Corte Constitucional Del Ecuador (2020 2025)

Abstract

Abstract: This research aims to analyze the standards established by the Constitutional Court of Ecuador to ensure the constitutionality of criminal forfeiture involving third-party property, as well as to examine how these parameters have been challenged by recent decisions that expand the scope of such measures. Through the study of key rulings such as Nos. 2174-13-EP/20, 1322-14-EP/20, 1916-16-EP/21, and 402-21-EP/24, fundamental criteria set by the Court are identified, including the requirement to prove the third party s knowing or intentional involvement in the offense, respect for due process, and the necessity of a prior criminal conviction to proceed with forfeiture. However, recent judgments have introduced a broader interpretation of forfeiture, allowing its application even in the absence of a criminal conviction when the property is of illicit origin. This jurisprudential shift creates tensions with property rights and the presumption of innocence, especially when individuals who have not been criminally prosecuted are affected. Analyzing these tensions helps assess the balance between combating crime and protecting fundamental rights.