Análisis del elemento subjetivo del propósito de comercialización en el delito del artículo 220 num. 1 del COIP en la práctica judicial de Cuenca, año 2025 .

Abstract

Abstract: This research analyzes the subjective element of "intent to commercialize" regarding the offense defined in Article 220, No. 1 of the COIP (Comprehensive Organic Criminal Code) within the judicial practice of Cuenca in 2025. Its general objective is to analyze how this subjective element is determined in procedural and judicial practice in the city of Cuenca during that year. The study was conducted in Cuenca, Azuay Province, using a qualitative, doctrinal, explanatory, and descriptive approach. The sample consists of documentary sources, specifically case law from the Constitutional Court, the National Court of Justice, and the Inter-American Court of Human Rights. Comparative and dogmatic analyses were employed as research methods. Research techniques included the review of documents, literature, case law, and legal doctrine. The results highlight the need for an individualized evidentiary assessment of the subjective element the "intent to commercialize" to avoid judicial determinations based automatically on objective elements, thereby safeguarding the principles of legality, the presumption of innocence, the burden of proof, and minimum criminal intervention.