La tokenización de activos y vacíos penales frente al fraude con criptoactivos en Ecuador: una aproximación crítica desde el Derecho Penal Económico

Abstract

The tokenization of assets using blockchain technology represents a profound transformation in the way assets and rights are represented, transferred, and traded. However, this innovation has also opened the door to new forms of fraud and economic crime that challenge the traditional structure of criminal law. In the case of Ecuador, the lack of clear regulations on crypto assets and digital tokens leaves situations in which investors and users are harmed without an effective criminal response. This article analyzes, from a dogmatic and comparative perspective, the regulatory gaps surrounding asset tokenization and its relationship to criminal offenses such as fraud, misappropriation, and money laundering. Based on the study of international experiences and hypothetical scenarios applicable to the local context, the main limitations of the Ecuadorian criminal legal system in addressing this phenomenon are identified. Finally, proposals for legislative reform and technical guidelines are put forward to provide the criminal justice system with adequate tools to respond to crypto fraud without affecting technological innovation.