The victim in the criminal execution phase: adjective limitations and procedural irregularities in the Ecuadorian accusatory system

Abstract

This research addresses the ineffectiveness of material reparation owed to victims during the penal execution phase within the Ecuadorian accusatory system, particularly in connection with the conditional suspension of sentence and the abbreviated procedure. The study follows a qualitative, descriptive, and documentary approach, aimed at examining procedural rules, specialized legal doctrine, and constitutional case law related to the institution of comprehensive reparation. The findings show that the criminal procedural framework lacks coercive mechanisms allowing the penitentiary guarantees judge to demand payment of compensation before granting release, that the law does not condition access to semi-open and open regimes on prior payment of the financial obligation, and that the absence of a subsidiary state fund leaves victims unprotected when the sentenced person is insolvent. The study concludes that the gap between the normative recognition of the right to reparation and its effective enforcement stems from a persistent legislative omission, which could be corrected through a reform combining enforceable payment requirements, expanded powers for the enforcement judge, and subsidiary mechanisms of state liability.