La eficacia en el incremento de la pena privativa de libertad en el art. 220 del COIP en torno a la reforma del 12 de julio del 2024 aplicado a la criminología y política criminal.

Abstract

Abstract: The reform of July 12, 2024, to Article 220 of the Comprehensive Organic Criminal Code (COIP) significantly increased prison sentences for crimes related to the production, trafficking, and sale of controlled substances. This research analyzes the effectiveness of this increase from the perspectives of criminology and criminal policy, in order to determine whether the measure truly contributes to reducing drug trafficking and its criminal manifestations. Through a documentary, analytical, and comparative design, the characteristics of the drug trafficking phenomenon, theories of punishment, regional experience in harsher penalties, and the foreseeable impacts of the reform on the Ecuadorian judicial and penitentiary system are examined. The findings indicate that increased penalties, by themselves, have a limited influence on reducing crime when not accompanied by preventative strategies, institutional strengthening, and improvements in the State's investigative capacity. Furthermore, there is evidence of the risk of exacerbating problems such as prison overcrowding, recidivism, and the strengthening of criminal organizations within penitentiary centers. It is concluded that the effectiveness of the reform depends on its integration with comprehensive policies based on empirical evidence.