Article 441 states that “Whoever, with intent to destroy in whole or in part, a national, ethnical, racial or religious group, commits any of the following acts, shall be punished. Who thereby incur the death of its members, shall be punished with rigorous special imprisonment higher of 16 to 25 years”.
Molina explained that according to the judgment, the crime of genocide can only be applied by the courts of Criminal Guarantees. In addition, they must check first with arguments and show compliance with certain steps of the Convention on the Prevention and Punishment of the Crime of Genocide.
The Ombudsman shall also monitor the due process and report to the Constitutional Court on the enforcement of the sentence, while the criminal proceedings last in the province of Orellana.