Analysis of the Principle of Innocence issued by the Constitutional Court in the crime of Smuggling in Sentence No. 14-19-CN/20

Abstract

Verdict 14-19-CN/20, issued by the Plenary Session of the Constitutional Court of Ecuador, focused on the analysis of article 301, paragraph 2 of the Comprehensive Criminal Organic Code (COIP), which classifies the crime of smuggling. In its interpretation, the Court outlined that the lack of justification of the legality of the merchandise within the period granted should not be considered as a presumption of guilt, but rather as the first indication for the Prosecutor's Office to initiate criminal action. This approach ensures respect for the principle of presumption of innocence, fundamental in any legal process. It was emphasized that, after the discovery of merchandise, the Prosecutor's Office can initiate a preliminary investigation and grant the 72-hour period established by the norm to justify its legality. Furthermore, it was clarified that the lack of justification within the indicated period does not constitute the commission of the crime nor does it presuppose the illegality of the merchandise, but simply authorizes the Prosecutor's Office to take legal action. In line with the principle of presumption of innocence, once criminal action has been initiated, the Prosecutor's Office has the burden of proving the illicit origin of the foreign merchandise. In the event that the evidence presented is not conclusive, the judge must rule in favor of the accused when in doubt, thus guaranteeing a fair trial. Finally, in their saved vote, Judge Enrique Herrería and Judges Carmen Corral and Teresa Nuques indicated that the legislator did not exceed his power by requiring justification of the lawful origin of the goods, since this is based on the responsibility of the State of effectively combat smuggling. They concluded that the regulations in question were in accordance with the Constitution, thus aligning with the fundamental principles of legality and efficiency in customs control.