The need for the legal configuration of cannibalism as a crime in the COIP

Abstract

The present research presents to aim to investigate if it is necessary to classify cannibalism as a crime in Ecuadorian criminal law. It is the responsibility of the State to guarantee the inviolability of life and human rights. At present, acts that threaten the dignity, integrity, health, and life of human beings can occur. One of these cases is cannibalism, to understand this act you proceeded to investigate what it is and how these acts affect society as well as a brief investigation of the significance of cannibalism that has occurred in other countries and the law vacuum that exists in the Organic Comprehensive Criminal Code to judge these antisocial behaviors. To structure this investigation, some cases of cannibalism have been supported where only homicide has been judged and no articles have been established within the comprehensive criminal code that judge cannibal acts, leaving open the possibility of carrying out these acts without being judged as a crime, and it also making it impossible to timely collect data to make decisions about criminal policy. Once argued what cannibalism is, the acts committed under this precept of cannibalism and the legal interest affected by these acts can be clearly identified, and a proposal for the definition of this figure within criminal legislation is proposed. Where sanctions are established for the different acts of cannibalism committed by people, considering the manner and circumstances in which they are committed and judged based on the seriousness of their acts. As a result, that a reform in the Organic Comprehensive Criminal Code helps to eliminate the law vacuums, allowing the application of sanctions for acts that harm the right of society to live in harmony.