Ecuador : The new Terrorist identikit

The crimes of terrorism and its financing

Five articles state the types and penalties. Most of these can be up 26 years if an irregular action homicide committed. It also legislates on the use of nuclear materials in subversive activities. And the false accusation also be judged.

Who are terrorists?

The Penal Code hosts in Book I, seventh, definitions and criminalization to cases of terrorism and its funding sources. These criteria are developed between articles 366 and 370. Under the first, terrorist is “The person who individually or forming armed associations, provokes a state of terror in the population or any segment thereof, by acts that endanger life, physical integrity or liberty of persons or endanger buildings, media, transport, using means capable of causing havoc, shall be punished with imprisonment from ten to thirteen years…”.

The destruction of infrastructure

It will be considered as terrorist, also, person who destroys by any means, building the public private, fixed marine platform, strategic areas facilities, essential services, facilities and services and ground transportation, the sea air navigation, if such acts, by nature, constitute a danger to the security of land transportation, aircraft or ships, Security as platforms and other buildings”. This figure also incurs one that provokes violence in transport and places mentioned.

False reports a crime

Article 366, numerals 4, 5 and 6 broaden the conceptual scope of the persons to whom they consider terrorists. 4: “The person reporting, disseminate or transmit false reports thereby putting at risk the security of land transportation, a ship or aircraft”. 5: “The officers who break out local, the private accommodation or means of transport of internationally protected persons”. And 6: “The person conducting itself or any third party, operations and financial transactions, in order to give the appearance of legitimacy for terrorist activity typified in this Code”.

The nuclear threat is also

Legislators defended the enactment of types that are aligned with global criminal dynamics. So, what action might seem a distant country to the everyday, has been included: the use of radioactive materials. Does the law-in numbers 7 and 8 Article 366: “The person hurte, dress, malverse, extract obtained by fraud or by threats, use of violence or intimidation nuclear materials. The person receiving, possesses, use, transfer, alter, evacuate or dispersed nuclear material without legal authority, if such act causes serious injury to a person or group of persons or substantial damage”.

For false incrimination: up to three years in prison

How are cases of organized crime and conspiracy defined in the Penal Code of Integral? They are two different offenses.

According to the first-developed in Article 369, Chapter Seven-, “The person who by agreement or consensus forming a structured two or more persons who, permanently reiterated the, financed in any form, exercise control or direction or plan the activities of a criminal organization, with the aim of committing one or more offenses punishable by imprisonment of more than five years, which has as its ultimate goal the financial gain or other material by, shall be punished with imprisonment of seven to ten years. Other collaborators be punished with imprisonment of five to seven years”.

Article 370, in return, indicated that incur the crime of unlawful association “when two or more persons associate for the purpose of committing crimes, punishable by imprisonment of less than five years…”. Also, each of these people will be punished, by the mere fact of association, with imprisonment of three to five years.

The new criminal justice body figure of false incrimination is also included. Specifically Article 368 described as follows: “The person carrying out actions to falsely incriminate a person or persons in the commission of crimes of terrorism and its financing, shall be punished with the penalty

imprisonment for one to three years. The maximum penalty will apply if the acts mentioned in the preceding paragraph are committed by a public servant”. In the old standard, stakeholders were accused of sabotage and terrorism…

The use of explosives

Numerals 9 and 10 Article 366 -on terrorism and its financing- indicate the following with respect to explosives. It will be terrorist “The person entregue, place, throw or detonates a device or explosive substance or other lethal device in or against a place of public use, a public facility or government, a network of public transport or an infrastructure facility, with the intent to cause death or serious bodily injury to persons or to cause significant physical destruction”. Numeral 10, in return, “When performing these acts the death of one or more persons occur, shall be punished with imprisonment of twenty a twenty-six years”.

Where the funding comes

Who commits the offense of terrorist financing? The person, individually the collective, directly or indirectly, provide, Organize collects the funds assets, licit or illicit origin, with the intent that it be used or knowing that they will be used to fund the commission of terrorist offenses; or any other act intended to cause death or bodily injury to a civilian, or to any other person not taking direct part in hostilities in a situation of armed conflict, shall be punished with imprisonment of seven to ten years.

Up 10 prisoner years support

About funding will be established, also, deprivation of liberty, seven to 10 years old, in the following circusntancias. 1: The person providing, offer, organize, recolecte, or put resources, the funds active, real or personal property available to the individual terrorist or terrorist organization or association, whether the same will be used in the actual commission of the offenses described in the previous article. The person, have the legal obligation to avoid, consents to the commission of these offenses or the person, knowingly, provide or facilitate the means to that end.

Economic sanctions

In addition to the penalty of deprivation of liberty, the above offenses shall be punished by a fine equal to twice the amount of funds and assets provided, offered the collected to finance acts of terrorism, individual terrorists or terrorist organizations, punishable by criminal forfeiture pursuant to the provisions of the Code. When the sentence is handed down against a public official or, be penalized with disqualification from all public office for a period equal to twice the sentence. When it is handed down the sentence against an official or financial system will disable it for twice the duration of the sentence.

http://www.hoy.com.ec/noticias-ecuador/el-nuevo-identikit-del-terrorista-598151.html