El uso de armas simuladas en la legislación ecuatoriana

Abstract

The simulated or artificial weapons are objects intended for recreational purposes; however, at present, the use of the aforementioned weapons serves as instruments intended to provide an advantage to the persons who use them to commit criminal acts, since the victims are afraid of being harmed and hardly resist. The lack of regulations regarding the use of these devices leads criminals to take advantage of this situation to carry out typical and unlawful acts that will only be prosecuted by intimidation. On the other hand, the judicial organ such as judges, prosecutors, and public or private defenders, not being able to find a norm that adapts this conduct, because it is not typified in our legislation, are required to look for another norm to try to adapt this criminal activity, consequently, this human behavior should be regulated within our Organic Integral Penal Code, in attention to the social necessity and the principle of minimum penal intervention.