Oral And Written Communication In The Criminal Field Drug Trafficking

Oral and written communication in the criminal field drug trafficking

Introduction

Oral communication has been part of the evolution of man is already the one that is done between two or more people and has the transmission means and as a code a language. Each technique used in order to exchange ideas has a very varied field of application, among which are: the personal, social, professional, political or scientific, among others, among others. Whatever the moment, place or circumstance, communicating is an inevitable process of the human being.

In everyday life in our coexistence that as human beings we have with each other, conversation through words is our medium of primary communication, in addition to there is another type of equally basic communication between people: body language. Both forms of communication with the implementation of oral trials and preliminary hearings, which are also held in the same way become fundamental in the delivery of justice.

Currently the problem of drug trafficking is something central in most media, of communication is an issue which all news, magazines and newspapers dedicate a special section, in which they talk about clashes, arrests, dead and recently how it attracts to young people from different countries of the world as a workforce. Thus, therefore, communication being a very important weapon in this social problem that many Latin American countries cover.

In this research work I will seek to interpret and expand the information about a problem that occurs in the world today such as drug trafficking this work can move thousands of dollars through illicit businesses and this can involve nations and This way to reach the highest peak of power both in limited resources and nations with favorable resources.

According to (Torres, 2015) he points out that: “The improper use of drugs is a social problem and unsuspected dimensions, which invades the industrialized and non -industrialized world, causing physical, mental, social and moral problems as well as degenerative problems of personal and social behavior ".

 The addiction and consumption of drugs has generated the phenomenon of drug trafficking, which has an international dimension and has caused the determined action of many governments to combat it with different results. That is why this research work was to explain how the impact of drug trafficking affects in a general way and how communication influences the government spheres of the different countries of the American continent, pointing more specifically the most producing countries and drug marketers such as: USA, Mexico and emphasize what our country is Ecuador.

Also in the development of this issue, its only objective is to highlight the use of oral and written communication in criminal proceedings in the field of drug trafficking wanting to reach the final part with a conclusion of why today many countries cannot control Drug trafficking in their countries, due to the strong debate that exists between the State and politics, in addition to explaining in some way the absence of significant achievements in the international fight against drugs, as well as the existence of the phenomenon of corruption that Drug trafficking generates in the various public and private sectors of American nations.

Developing

One of the most serious problems of our today. (Organized crime) .Which is an illegal activity in which its members, showing its corrupting power, influences and vast economic resources, prevent their organizations from being discovered and its identified members, thus being communication a very powerful weapon but perhaps very little used to counteract this evil (Quijia, 2014, p. eleven) .

Therefore, the State has the constitutional obligation to sanction the illicit drug trafficking (drug trafficking) criminalizing this crime with severe sentences, proportional to constitutionally protected assets; Obviously, that to reach this task, the need to adopt effective research procedures is imposed, that is, that objectively demonstrates increasingly efficient results.

And it should not be forgotten that the multi -fensive nature of the crime of illicit drug trafficking, puts social shock and danger to social bases and threatens the own existence and stability of the State.

They are criminal organizations both national and international, where there is a concert of wills both for the collection, transfer and national and international trade of large amounts of drugs; entities that owe their financing to a fine hierarchical structure with derivation of specific roles among its members, which to achieve their objectives execute a plurality of crimes of different nature: homicide, terrorism, sicarite, human trafficking, extortion, illicit traffic of influences, against ecology and environment, among others. In such virtue, the proportion of the penalty must be based on the damage perpetrated against the legal good, whose well -protected is public health (Quijia, 2014, p. 12)

In recent years, the crime of drug trafficking has increased, so it has regained great attention and above all great concern for the entire Ecuadorian society, becoming a problem of social interest both for the government and for public institutions among others among others , the State Attorney General, the CONSEP (National Council for Control of Narcotic and Psychotropic Substances), the Ministry of Interior, National Police, together with its various unworthy units in anti -narcotics, using as a source of medium the communication between them, they have come executing several intelligence operations as well as monitoring, to dismant. two)

The latest anti -narcotics operations in charge of the National Police, which have been executed in different provinces of the country, clearly show that Ecuador today has ceased to be treated by drug traffickers as a country of drug traffic and chemicals , to unfortunately become a processing and refinement center. As consequences of this illicit, the country’s social rehabilitation centers are totally on populated, in a large percentage for drug -related crimes.

According to the author (Peréz, 2015) in the records of the Ministry of Interior tells us that:

"Due to the danger of crime, it becomes indispensable and of the utmost importance to make decisions so that in some way, the great repercussions that it would lead not to treat them in time". 3).

(Cardinale, 2018) indicates that: “Psychoactive substances are as old as civilizations. However, drug trafficking the economic/productive circuit of the same breaks as an international fact at a specific time in world history, whose keys would be: the western colonial/imperialist expansion, the growth of world trade, the development of industrialization and consolidation of a planetary market ”(p. 96).

These substances will travel from traditional products of specific societies to global merchandise of mass consumption in the S. XIX. As the deepening of industrial, technological and commercial abilities advanced psychoactive substances were perfected; This allowed to diversify supply and demand and increase the drug market. In turn, the development of drug trafficking as illicit is closely associated with political intervention. The prohibition of certain substances and the legality of others created specific conditions for their deployment (Cardinale, 2018)

Therefore, it is necessary to know the evolution of international legislation on the subject to understand how these substances were defined, which were considered illegal and which the penalty parameters.

(Cardinale, 2018) encompasses in a small concept the following: “In the history of drug use, a very long phase dominated by traditional consumption and a two -centuries phase is attended, from the S. XIX to this day, dominated by commercialization, by production by chemical synthesis and by the prohibition regime for some substances ”.

(Matthew B & Scherlen, 2015) states that: “Drug prohibition has created a global industry with truly extraordinary profit margins. Numerous political actors have been financed with drug money, because it is often the most affordable: illegal actors, guerrilla groups, terrorist organizations such as Euskadi Ta Askatatasuna (ETA), the Revolutionary Armed Forces of Colombia (FARC), Taliban in Afghanistan or Shining the way in Peru ”(p. 14)

But they also have legal actors and governments. The prohibition has generated an important and clandestine source of resources that can be established where a large enough territory can escape the control of the State, as happened in Afghanistan, Colombia, Peru and Mexico or where violence can be imposed on the control of the circulation of the circulation of the circulation of The drug, as ETA did in the Basque Country, and when a smuggling network is organized (Matthew B & Scherlen, 2015, p. 14)

The National Government has oriented the definition of state policies on the control of the supply and demand of drugs, it is a priority to confront the various manifestations of drug problems, under the principles generated and internationally generated and internationally recognized and include The observance of human rights, the recognition of justice, freedom and individual conscience (López, 2014, p. 75)

Ecuador has strengthened effective cooperation through adequate communication channels between police institutions, anti -drug units and international cooperation entities. These bilateral and multilateral relations have also allowed reciprocal judicial assistance and the scientific technical training of police members in the region, and even other continents.

The Police of Ecuador has several specialization centers in issues for the fight against drug trafficking, such as: the Regional Center for Anti -Droga Training, the Regional Canine Training Center and the Special Anti -Narcotics Mobile Group. The aforementioned units seeks to guarantee a high level of suitability and professionalism of those who are part of the National Anti -Narcotics Directorate and the police of friendly institutions that come to them.

It is worth mentioning that there is a great contribution by the Armed Forces, National Secretary of Customs, National Council for Control of Narcotic and Psychotropic Substances and other State institutions responsible for the control of illicit drugs, in order to obtain satisfactory results, widely recognized For the different international instances (López, 2014, p. 76)

The relationship between abusive consumption of alcohol and other drugs with crime in general (crimes against property) and with violent crime is clearly established. In addition, alcohol or other drug use works as a trigger for multiple crimes in most people with other mental disorders, especially in the case of personality disorders, chronic psychosis, impulse control disorders, state disorders of the state of Courage and paraphilias (Esbec & Echeburúa, 2016, p. 3)

Most cocaine consumers also abuse alcohol, which generates a disinhibitor effect on behavior that can translate into impulsivity, decreased judgment and explosiveness capacity. The group of consumers addicted to cocaine and alcohol constitutes a very heterogeneous population, so violence is closely related to personality structure and other mental disorders (Esbec & Echeburúa, 2016, p. 3)

(Esbec & Echeburúa, 2016) They point out that: the most frequent crimes committed by the drug dependent population are the following:

1. Crimes due to the direct or indirect pharmacological effects of the substance. Thus, cocaine is an activator of the limbic system that is related to impulsivity or aggressiveness and alcohol inhibits brain areas of self-control (inhibitory brakes, according to legal terminology to use). Here are the majority of violent and reckless crimes, but there are also cases of crimes by omission, as with opiates or cannabis.
2. Functional or instrumental crime, usually against property, whose purpose is to obtain enough money to pay consumption.
3. Small -scale drug trafficking crimes, whose objective is to self-abuse, pay debts and deal with economic hardship or clear need states.
4. Large -scale drug trafficking crimes, which also include cases of money laundering, tax crimes, traffic and illegal possession of weapons, coercion, homicides, scams, etc. In this way, violence can be a condition to resolve hierarchical conflicts between those who distribute drugs, to settle territory disputes between rival gangs or to carry out acts of revenge against "traitors" or "chivatos".

Now, not all drug addicts committed because of their dependence. Thus, there are crimes against property that respond to a mere capricious attitude or crimes against sexual freedom or against the couple that have nothing to do with said pathology.

Regarding drug trafficking, they are indications of possession for dissemination a) the amount of apprehended substance b) The forms of distribution of drug The value of the drug e) the attitude adopted when the occupation occurs f) the variety and abundance of drugs possessed g) the occupied utensils, such as precision scales or suitable substances to adulterate the drug h) the possession of considerable sums of money ( Esbec & Echeburúa, 2016, p. 4)

The intent, in the crime of drug trafficking, includes both knowledge of the harmful character for substance health and the particular will to incur any of the multiple forms of behavior typified in the art. 368 of the Criminal Code (the animus to cultivate, prepare, traffic or promote the illegal consumption of drugs). If the intention is to favor its own consumption, the intent does not exist for this criminal type (Esbec & Echeburúa, 2016, p. 4)

Although the term "war on drugs" begins to be used in the seventies, the formation of a global institutionality tending to fight the "drug problem" has a long history until today. There is currently a complex system that includes international instruments, interdiction agencies and a bilateral and multilateral cooperation system for drug production and trafficking (Pontón & Torres, 2017, page. 9)

(Martinez, 2016) states that: “EE.UU. He has a crucial role in the drug trafficking business. Not only are its markets that drive production and traffic, but it is there where most of the benefits are preserved. EE.UU. He has spent more than one billion dollars since, four decades ago, President Nixon declared the war on drugs ‘(p. 298)

Latin America is the region most affected by its role in world cocaine trade and its proximity to the United States, the main consumer market. EE.UU. More than 9,000 million dollars have been spent since 2000 to eradicate cocaine in Colombia. However, this country still produces at least half of the world total. The war on drugs interferes with the peace process in Colombia. Most of the FARC secretariat that negotiates in Havana has drug positions in the United States and orders (Martinez, 2016, p. 300)

In Latin America, the United States has led the fight against drugs through complex infrastructure and military apparatus, led by the Bureau for International Narcotics and Law Enforcement Affaires (INL) of the State Department. Around the fight of the International Drug Market, not only an intricate bureaucratic and transnational control apparatus has been built but also a hegemonic discourse that has a strong impact on cultural and moral valuation (in this case of negative order) of substances which have been defined as "illegal" (Pontón & Torres, 2017, p. 9)

This speech is strongly influenced by an approach that emphasizes the prohibition and reduction of supply, mainly concentrating on the first three stages of the production-consumption chain: cultivation, processing and traffic. While referring to efforts to reduce demand, they are considered as domestic issues and are seen from a medical perspective

According to the author (Bergman, 2016) in his text he indicates that: the circulation and use of illegal drugs have become one of the most serious problems facing Latin America. All countries in the region suffer from drug trafficking and experience growth in their domestic narcotics markets. Millions of young people consume marijuana, cocaine, and synthetic drugs, while hundreds of thousands work in the illegal industry that produces them. (p. 5)

Thousands of Latin Americans die every year as victims of the scale of violence strongly linked to drug trafficking. The “Sicariate“ is expanding industry, while the increase in number of addicts is leaving sequelae in public health, in the world of work, in schools and families.

Psychoactive substances have ceased to be an isolated problem that concerns a handful of addicts and vendors to become one of the greatest social concerns. The surveys recorded it as the third problem that most alarm to Latin Americans (the first two are insecurity and lack of employment). Undoubtedly drugs have been located in the center of attention of parents, educators, police and politicians. In this context, very few know what to do to solve the dilemma, although many opinions are always used and alternatives are discussed. (Bergman, 2016, p. 6)

Drugs are substances that produce pleasant effects on consumers, but are harmful to health .In many cases, users generate dependence; thus create addiction patterns with adverse effects for individual health and, on some occasions, also for the family and social environment.

In 2012, for example: 4 died.200 Latin Americans due to direct effect of drugs, while around the world 183 died.000 people. This is one of the primary reasons that justify its prohibition in all globe countries. However, given that illegality has failed to eliminate demand, one of the most important public debates has been raised in recent times, with respect to drugs with drugs. (Bergman, 2016, p. 7)

The consumption of psychoactive substances can cause damage to health and other indirect social effects .As a consequence, societies, through their governments, decide to prohibit their circulation. However, as demand persists, an illegal market is generated that cannot disappear in a simple way .Like alcohol, prostitution or game, drugs are part of this family of “illegal markets”, with their own structure and characteristics.

Today constitute the most important illegal market: there are more than two hundred million people in the world willing to consume them. Within this number of people, three out of four use cannabis (marijuana), and one in four, the so -called hard drugs, such as cocaine, and their derivatives, opiates (heroin) and ATS (amphetamines) and others.

Illegal markets can be fought or tolerated, that is, authorities may decide to apply the law strictly or be condescending. The attitudes that governments take alternate the balances and behaviors of the actors. For example here in Ecuador the only law that exists is that of (Criminal Integral Organic Code, COIP), which I quote below:

Art. 220.- Illicit traffic of cataloged substances subject to inspection.- The person who directly or indirectly without authorization and requirements provided for in the corresponding regulations:

• Offer, store, intermediate, distribute, buy, sell, send, transport, market, amount, export, have, possess or general In the corresponding regulations, it will be sanctioned with imprisonment in the following way:

1. Minimum scale of one to three years.
2. Medium scale of three to five years.
3. High scale of five to seven years.
4. Large scale of ten to thirteen years.

• Offer, store, intermediate, distribute, buy, sell, send, transport, market, amount, export, have, possess or general prepared that contain them, will be sanctioned with imprisonment of five to seven years.

If narcotropic and psychotropic or prepared substances that contain them, offer, sell, distribute or deliver girls, boys or adolescents, the maximum increased penalty will be imposed in a third. The possession or possession of narcotic or psychotropic substances for personal use or consumption in the amounts established by the corresponding regulations, will not be punishable.

The Constitution, as it expresses it, occupies the highest degree within positive law, is the general norm or set of general norms through which positive law is connected to that "fundamental hypothetical" norm . The Constitution regulates the life itself of the State that is manifested through its laws, state norms, criminal procedural law and criminal law, cannot go against constitutional law, since it would lead to the inapplicability of that norm (Quijia, 2014, p. fifteen)

The Constitution is the fundamental law, so the criminal procedural law, as another law of the State, must keep harmony and subordination with it, even more when the Code of Criminal Procedure has institutions that enshris and rights established in the same Constitution, regarding of people, such is the case of the right to defense, regulated by the Constitution in its art. 76, num.7 as in art. 11 of the Code of Criminal Procedure. All institutions of criminal procedural law are related to a greater or lesser extent to the Constitution (Quijia, 2014, p. fifteen)

Criminal procedural law is necessarily subordinated to the Constitution, since this at the same time contains the fundamental guarantees of the persons, it also warns that no one can be punished without prior trial. In the case of criminal proceedings, and especially interest, in cases such as drug trafficking crimes, it is of the utmost importance that such processes are fulfilled with strict observance of the principles protected by the Constitution and other laws for their full legality, validity and probative efficacy; Therefore, I estimate a detailed study of the principles, the same that are guarantees of success within a criminal process (Quijia, 2014, p. 16)

According to the author (Coletta A. & Eileen, 2015), in his book states that: ‘The omnipresent feeling of insecurity and vulnerability of the population on the border and throughout the country in general is directly related to the structural deficiencies that characterize both the Ecuadorian state public sector and Your political system ‘(p. 314).

Bureaucratic management, especially management and decision -making positions, is inserted in interest games and power quotas that are based on a clientelist, prebendary and patrimonial political culture. The justice system, indispensable for any anti -narcotics strategy, has not been exempt.

The legal regulations for the treatment of drug trafficking and drugs in Ecuador are mainly based on the Political Constitution of the Republic, the Law of Narcotic and Psychotropic Substances and its Regulations for Application, the Law of Reform of this legislation and the rules related to the Attorney General of the State of Narcotic and Psychotropic Substances (CONSEP). This legal framework is conceptually articulated in the ‘National Strategy for Drug Treatment’ and appears in the 1999-2003 National Plan (Coletta A. & Eileen, 2015, p. 315)

According to the author (Colussi, 2014) in his text entitled drug trafficking a social problem indicates that: drugs are something as old as human civilization. The life of human beings is not exactly a paradise .Moreover, as has rightly said: "The only paradise is the lost".

That is why always, at all historical moment, there has been the evasion of reality as a way to avoid the rawness of life. And for this, the consumption of certain substances (ethyl alcohol, hallucinogens, tranquilizers) has played a role of great importance, both at the level of individual use and collective practice, linked to a greater or lesser extent to spirituality in a broad sense. (p. 3)

Today, however, the consumption of these substances, that is, those that fall under the denomination of “illegal drugs“ has been taking such peculiar characteristics that they transform it into a real problem at a planetary scale. Problem with numerous edges: health, culture, political, social; In short, an issue that makes the quality of life of every world population in a broad sense.

And so great is the magnitude of the problem that they have led to a matter of military strategy. In other words: it has to do with the global management of all the inhabitants of the world from the perspective of the great active powers (Colussi, 2014, p. 4)

The consumption of prohibited substances is increasing throughout the twentieth century, but the last three decades already represent it with an alarming magnitude. The amount of deaths produced by that consumption, the disabilities that it brings, the related crime circuits, the loss of resources and the promotion of a non -sustainable culture in terms or economic or social, make drug use a short circuit with which All, State and civil society, from different levels and with diverse degrees of responsibility, are involved.

That all this constitutes a problem, it is known .Now: if we have all this knowledge about the various factors involved, both of demand and supply, why do we not see a downward trend in the problem? The situation leads to think that there are great powers that do not want this to end.

It can be said that, although the issue is always on the media agenda everywhere and at all times, it is known relatively very little about the matter. There is an official version, tirelessly managed by the true social media making public opinion and there is a reality not said.

Today much is done around the combat of illicit drug use; but curiously the consumption itself does not fall. Can’t this lead to think, perhaps with some malice but trying to definitively understand the reason for this trend, that there are "weird things" in all this? .Do the power factors really are interested in the disappearance of this scourge? Why not decriminalize consumption then? This, without a doubt, would bring the end of innumerable hardships that occur around this area: crime would lower, violence that accompanies any prohibited activity; Even could lower the volume of consumption, when presenting the attractiveness of the veiled, of the unattainable fruit.

But contrary to the most rational trends, we are far from seeing a decriminalization .On the contrary, the profile of the punitive grows more and more: the fight against drug trafficking became a priority of the political agendas of the states (Colussi, 2014, page. 5).

That shows today as one of the great problems of humanity, and there they are at the order complete armies to intervene against them.

conclusion

Reaching a conclusion we can say that drugs are addictive, and when the client or future client proves drugs, they transform into drug addicts and must consume drugs due to him and his body. This is a benefit for gangsters because they have permanent customers, although some consume more than others. This is one of the best and most important points that one must take.

Drug trafficking is a problem of the current world in which several countries are affected are these good or low resources both are affected by this problem. Drug trafficking is illegal in many countries we just have to expect that in the future this can change and there is no longer so many drugs in the streets of several countries.

Drug trafficking to separate nations since among them they fight to be able to sell this product more without realizing the damage that this causes in several people mainly in adolescents that from a very young age began to consume them .

Drug trafficking is a contemporary problem that has an impact on the stability and tranquility of our society. Increase violence and crime. This problem began to disrupt borders, countries and regions throughout the world, without taking into account nationalities.

The international community began gradually to become aware that there are criminal organizations called posters that do not respect borders and whose purpose is to traffic their narcotics for consumption and thus obtain a greater economic volume, through which they increase profits and their power.

Analyzing what are the countries of Mexico and the US, which are the countries with the highest rank of illicit drug consumption and trafficking, we conclude that the magnitude of the problems created by drug trafficking in Mexico and in the United States is not The same, since the consumption that occurs in the United States is not the same, since the consumption that occurs in the US is greater than that of Mexicans, unlike traffic and production, where Mexico carries the lead .In spite of everything, this problem is worldwide and affects each of the societies .

Therefore, in order to attack this problem or say we can see. Fortunately, these types of actions are already being carried out and drug trafficking is being reducing a bit with these methods. Concluding that all countries must recognize this problem internally and not systematically blaming others for drug trafficking. Drug trafficking is a crime that is committed daily in all countries, so everyone must agree to fight it globally.

And therefore it should be noted that communication is the main weapon to counteract drug trafficking, since if many countries reach a spoken agreement between all they would unsubscribe to this great problem that has long damaged society and caused a great Head pain for governments.

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