This paper constitutes an examination of the Ecuadorian Adversarial Criminal Accusatory System, focusing specifically on the prescription of custodial sentences as defined in the Comprehensive Organic Penal Code (COIP). Over time, this institution has given rise to a new legal concept: the prescription of custodial sentences, which requires the passage of a significant period, an essential condition for the emergence of this legal right. The most recent modification made by the Constitutional Court has shifted the focus towards the moment of the convicting sentence. Upon reflective analysis, this study delves into how this concept has been integrated into Ecuadorian legal norms and compares it with other legal systems. The overall objective of this research is to demonstrate, through a legal report, the jurisprudential and doctrinal dimensions of sentence prescription in Ecuador and Comparative Law. To achieve this, a reflective analysis of doctrinal and legislative documents is employed, utilizing a methodology grounded in Comparative Law principles. It is worth noting that the prescription period for custodial sentences should be equal to that determined in the respective convicting sentence, thus affirming the right to prescription for those who have faced unfortunate circumstances.