Reporting a Crime in Ecuador: A Practical Guide to Navigating the Fiscalía

Moving to a new country should be an exciting experience. However, life can present unexpected challenges, and sometimes those challenges involve encountering criminal activity. As an expatriate in Ecuador, understanding how to report a crime and interact with the Fiscalía General del Estado (the Public Prosecutor's Office) is crucial for your safety and for upholding the law. This guide, based on hands-on legal experience in Ecuador, aims to demystify this process with clear, actionable steps.

Understanding the Fiscalía: Your First Point of Contact for Justice

The Fiscalía General del Estado is Ecuador's primary prosecutorial body, operating under the principles of the Código Orgánico Integral Penal (COIP). Its mission is to direct the pre-procedural and procedural investigation of a crime, bringing cases to court on behalf of the state and the victim. It is not a police station; it is where the formal legal process to investigate and build a criminal case is initiated.

The Role of the Fiscalía vs. the Police

Distinguishing between the roles of the Policía Nacional del Ecuador and the Fiscalía is vital.

Policía Nacional: They are the first responders. Their duties include maintaining public order, crime prevention, and responding to immediate emergencies. When a crime is in progress or has just occurred, you call 911. The police secure the scene, gather initial evidence (elementos de convicción), detain suspects in flagrante delicto (caught in the act), and create a police report (parte policial).
Fiscalía: The Fiscalía takes over once a formal investigation is required. A Fiscal (Prosecutor) directs the investigation, using the police as their investigative arm. They decide whether there is sufficient evidence to press charges, formulate the accusation, and represent the public interest in court. For most crimes, a police report alone does not start a prosecution; you must file a formal complaint directly with the Fiscalía.

Step-by-Step: How to Report a Crime to the Fiscalía

Navigating any government institution in a foreign country can be daunting. By understanding the process and preparing correctly, you can ensure your report is handled effectively.

Step 1: Ensure Your Immediate Safety and Call 911 (If Applicable)

If you are in immediate danger or a crime is in progress, your absolute first step is to call 911. The police will respond to secure the scene and provide immediate assistance.

Step 2: Gather Initial Information (As Much As Possible and Safe)

While the situation is fresh in your mind, compile any relevant information:

Date, Time, and Exact Location: Be precise. For example, "Calle Larga y Presidente Borrero, Cuenca."
Description of Perpetrator(s): Height, build, clothing, distinctive features (tattoos, scars), accent, etc.
Description of Vehicle(s) Involved: Make, model, color, and license plate number (placa). Even a partial placa is extremely helpful.
Chronological Account: A clear, step-by-step description of what happened.
List of Stolen or Damaged Items: Include serial numbers, brand names, and estimated values. This is critical for insurance and restitution purposes.
Witness Information: Names and contact details for anyone who saw the incident.
Evidence: Photos or videos from your phone (if safe to take), receipts for stolen goods, etc. Do not touch physical evidence; leave that to the authorities.

Step 3: Go to the Correct Fiscalía Office to File a "Denuncia"

You must go in person to file a formal complaint, known as a Denuncia. This is the formal act that, according to Artículo 421 of the COIP, initiates the pre-procedural investigation phase (investigación previa).

In most cities, you will go to a specific intake department called the Unidad de Atención Integral (UAI) within the main Fiscalía building. Do not confuse this with a standard police station (Unidad de Policía Comunitaria - UPC), which is for minor disturbances or immediate response, not for initiating a formal prosecution for crimes like significant theft or assault.

Required Documents:

Your Identification: Your current, valid cédula de identidad para extranjeros and your passport. The cédula is the primary ID, but having your passport as a backup is wise.
Supporting Evidence: Bring copies of anything you have gathered (photos, documents, etc.).

Step 4: The Process of Filing the Denuncia

Reception (UAI): At the UAI reception desk, state that you wish to file a denuncia. You will likely be given a ticket and asked to wait.
Interview and Statement: A legal assistant will call you to a desk to take your statement. This is where you will provide your detailed, chronological account of the events. It's highly advisable to have this written out beforehand in clear, simple Spanish to aid the process.
Formal Declaration (Versión): Your oral account will be transcribed into a formal legal document. You will be asked to review this document carefully. Do not sign it until you are certain it is 100% accurate. Any error can harm your case later. This official statement is known as your versión.
Obtain Your Copy and Case Number: You have the right to a copy of your signed denuncia. This document will have your case number (e.g., Noticia del Delito Nro. 010101-2024-XXXXX). Guard this number carefully; it is essential for all future follow-up. Filing the denuncia itself is free of charge.

A common expat mistake, especially in Cuenca, is failing to understand that the legal system relies on impulso procesal (procedural impulse). Filing the denuncia is only the first step. Without a private attorney (abogado patrocinador) actively "pushing" the case forward by submitting written requests (escritos) for specific investigative actions (like requesting security camera footage from a nearby building), the case can easily stall and eventually be archived by the overworked Fiscal.

Step 5: The Investigation Phase (Investigación Previa)

Once your denuncia is filed and assigned to a Fiscal, the investigación previa begins. This phase is confidential and its purpose is to gather evidence to determine if a crime was committed and who the likely perpetrators are. The Fiscal may order the police to:

Conduct interviews with witnesses.
Collect and analyze forensic evidence.
Obtain video footage from public or private cameras.
Identify and locate suspects.

Step 6: Following Up and Pushing Your Case Forward

Case Tracking: You or your lawyer can track the status of your case online through the SAJTE (Sistema Automático de Trámite Judicial Ecuatoriano) using your case number, though this system is not always perfectly up-to-date for the public.
Legal Counsel is Key: An Ecuadorian attorney can access the full case file (expediente fiscal), speak directly with the assigned Fiscal, and formally request specific actions be taken to advance the investigation.
When dealing with the Fiscalía, a language barrier can be a significant obstacle. While you have the right to an interpreter, the state may not provide one immediately for a non-violent crime. Hiring a private, court-certified translator (traductor jurado) for the initial filing and any subsequent statements is a wise investment. Expect to pay an approximate fee of $30-$50 per hour for their professional assistance, ensuring your testimony is captured accurately.

⚠️ Legal Alert: When to Stop and Immediately Consult an Attorney

While you can file a denuncia on your own, certain situations demand immediate legal counsel:

Complex Crimes: If the crime involves significant financial fraud, real estate disputes, serious physical assault, or involves a business.
You Are Accused or Implicated: If there is any chance you could be viewed as a participant rather than just a victim, do not make any statement without an attorney present. Your right to legal defense is guaranteed by Article 76 of the Constitution of the Republic of Ecuador.
The Perpetrator is Known: If you know the person who committed the crime, especially if they are a neighbor, employee, or someone in a position of power, legal representation is essential to manage the process and protect you from potential intimidation.
Receiving an Official Summons (Boleta): If you receive any official notification summoning you to the Fiscalía for a declaration (ampliación de su versión) or any other procedure, consult an attorney before attending.

An attorney not only ensures procedures are correctly followed but also acts as your advocate, demonstrating to the Fiscalía that the case is being taken seriously. This proactive approach is often the difference between a case that is investigated and one that is shelved.

The Ecuadorian legal system is designed to provide justice, but it demands informed and proactive participation. By understanding the function of the Fiscalía and following these steps, you can confidently navigate the process. Remember, preparedness and clear communication are your strongest allies.