The crime of slander and its full reparation in the Ecuadorian legal system (Review)

Abstract

Slander and its adequate full reparation constitute essential elements in the legal framework of Ecuador, where critical questions arise regarding the safeguarding of reputation and the preservation of individual rights of persons. This study delves into the intricate intersection between the crime of slander and the mechanisms of appropriate reparation established in Ecuadorian legislation. The main objective was to evaluate the effectiveness and relevance of full reparation in the Ecuadorian legal context in the case of crimes of slander, through an exhaustive analysis of current legislation and comparative studies. The results of this research determined that the false accusation of a crime can cause great emotional suffering, even endangering life and personal integrity; achieving proper reparation in the crime of slander becomes complicated, since it is not an individual act, but rather a collective or joint one. The Ecuadorian Organic Integral Penal Code establishes the possibility of voluntary retraction, thus restoring dignity both, individually and collectively; however, it does not have a specific moment to be carried out, but it has to be before the sentence is definitive.