Kidnapping Simulation Crime Analysis

Does It Deserve to Be Typified in the Ecuadorian Criminal System?

Abstract

In the Ecuadorian Criminal Code, the simulation of kidnapping is typified and establishes a
penalty of imprisonment from six months to two years for the person who pretends to be
kidnapped. From the analysis of this article, it can be deduced that in this type of criminal
offense, the active subject and the passive subject converge in the same person. In addition, as
a consequence of the commission of this criminal type, it is evident that does not harm any
protected legal good, that is, the material unlawfulness is not fulfilled, an indispensable
element of any criminal offense. Therefore, through the dogmatic analysis of the general theory
of crime, as well as the comparative analysis of different legal systems, it has been possible to demonstrate that by classifying this conduct we are facing an unnecessary criminal
intervention that is exceeding and abusing its power to impose sanctions.