Effective cooperation as a procedural mechanism in the Ecuadorian accusatory criminal system

Abstract

Effective cooperation, while recognized as a valuable tool in the fight against complex crimes, has been subject to critical scrutiny regarding its practical application. In Ecuadorian legislation, this mechanism was introduced in 2014 with the enactment of the Comprehensive Organic Criminal Code (COIP). This article aims to analyze the practical implementation of effective cooperation through case study analysis, comparative law, and grounded theory, in order to balance investigative efficiency with respect for due process and the prohibition of self-incrimination. The methodology employed a qualitative approach, with a descriptive depth level and the use of dogmatic (exegetical), analytical-synthetic, and comparative methods. Techniques included bibliographic review and comparative analysis of legislation, doctrine, and jurisprudence. The findings reveal that effective cooperation, as a mechanism intended to serve justice, must not become a tool of excessive state power. Rather, it must be constrained by fundamental rights and legal principles. The lack of adequate controls may lead to disproportionate benefits, fabrication of evidence, or even selective prosecution, thereby infringing upon the rights of defendants—as demonstrated in the bribery cases, Balda and other cases analyzed. Consequently, legal reforms are necessary, including clear guidelines to reduce prosecutorial discretion, ensure more active judicial oversight, and, most importantly, guarantee the protection of both the accused and co-defendants.