Contract killing as a manifestation of organized crime in Santo Domingo and its criminal law response

Abstract

The study focuses on contract killings (sicariato) as a manifestation of organized crime in the province of Santo Domingo de los Tsáchilas, as well as on the limitations of the Ecuadorian criminal justice response during the first half of 2025. Its objective is to identify regulatory gaps and institutional constraints that restrict the State’s capacity to effectively investigate, prosecute, and sanction this phenomenon. Methodologically, the research adopted a qualitative approach, supported by a systematic literature review conducted under the PRISMA protocol, with a descriptive–analytical level of depth. Inductive–deductive, analytical–synthetic, and legal dogmatic methods were applied through the examination of legal norms, doctrinal sources, and official statistical data. The results show that, although Article 143 of the Comprehensive Organic Criminal Code (COIP) criminalizes contract killing, its practical enforcement has been limited, primarily due to evidentiary challenges, technical weaknesses in criminal investigations, and a deficit of specialized institutional capacities. Additionally, problems of inter-institutional coordination, the critical condition of the penitentiary system, and the absence of comprehensive prevention policies were identified. Taken together, these factors contribute to persistently high levels of impunity and facilitate the expansion of organized crime in the province. The study concludes that contract killing requires a comprehensive approach comprising: (i) regulatory reforms aimed at closing legal gaps and strengthening procedural and evidentiary tools; (ii) institutional strengthening of criminal investigation bodies, prosecutorial services, the criminal justice system, and the penitentiary system; and (iii) articulated criminal and preventive policies that balance the effectiveness of the penal system with the protection of fundamental rights and citizen security.