The new law, effective as of July 12, 2024, implements changes mandated by the popular consultation and referendum held on April 21, 2024. It introduces tougher penalties for various crimes and streamlines asset forfeiture procedures.

The Organic Law for the implementation of the popular consultation and referendum of April 21, 2024, is now in force after being published in the Official Registry on July 12th. The law was approved by the National Assembly on July 8th, and President Daniel Noboa, who promoted the plebiscite, did not veto it, approving it directly.

The law comprises 24 articles, two transitional provisions, one repealing provision, and one final provision. It introduces reforms to the Comprehensive Organic Criminal Code (COIP) and the Organic Law on Asset Forfeiture to increase penalties for ten crimes and classify one additional offense.

Changes in the COIP:

1. Terrorism: 19 to 22 years.

• Financing of terrorism: 22 to 26 years.

1. Illicit Production of Narcotic Substances: 13 to 16 years.

• Illicit production of chemical precursors: 7 to 10 years.
• Drug trafficking:
  • Small-scale: 3 to 5 years (previously 1 to 3 years).
  • Medium-scale: 5 to 7 years (previously 3 to 5 years).
  • Large-scale: 19 to 22 years (previously 5 to 7 years); 22 to 26 years (previously 10 to 13 years).
• Trafficking of chemical precursors or specific chemical substances for illicit drug production: 7 to 10 years.

1. Organized Crime: 22 to 26 years.

1. • Collaborators: 10 to 13 years.
   • If involving illicit trafficking of controlled substances, terrorism, illicit mining activity, contract killing, kidnapping, human trafficking, child pornography, arms trafficking, or money laundering: 26 to 30 years.
   • Collaborators in such cases: 19 to 22 years.

1. Murder: 26 to 30 years.
2. Contract Killing: 26 to 30 years.

• Advertising or offering contract killing: 7 to 10 years.

1. Human Trafficking:

1. • Basic offense: 16 to 19 years.
   • Victims in priority care groups or double vulnerability, or with emotional/economic dependence on the aggressor: 19 to 22 years.
   • Victims suffering serious or irreversible harm: 22 to 26 years.
   • Resulting in the victim’s death: 26 to 30 years.

1. Extortionate Kidnapping: 13 to 16 years; 26 to 30 years if the victim is murdered.
2. Arms Trafficking: 16 to 19 years.
3. Money Laundering:

1. • Less than 100 basic unified salaries: 5 to 7 years.
   • Without a criminal association: 7 to 10 years.
   • Greater than or equal to 100 basic unified salaries, or involving criminal association without using companies: 10 to 13 years.
   • Involving financial/insurance institutions or public offices: 19 to 22 years.
   • Fines: Equivalent to five times the amount of the assets involved, confiscation, and liquidation of legal entities used for the crime.
   • When involving foreign exchange or trade operations or introducing merchandise into the national territory: Maximum custodial sentences.

1. Illegal Mining Activities:

1. • Without authorization: 16 to 20 years.
   • Artisanal mining: 13 to 16 years.
   • Causing environmental damage: 22 to 26 years.
   • Involving organized crime/armed groups: 26 to 30 years and a fine of 1,000 to 1,520 basic unified salaries.
   • Possession of weapons/ammunition for exclusive use of Armed Forces/National Police: 10 to 13 years.
   • Carrying such weapons: 19 to 22 years.

Asset Forfeiture Act Changes:

• Simplifies the procedure for determining ill-gotten assets by reducing the investigation and verification period to 30 days and the asset investigation period to three months from the end of the previous one.
• Deadlines apply when assets have already been seized.

This law aims to enhance the legal framework by introducing stricter penalties and streamlining procedures related to criminal activities and asset forfeiture.