LA LEGÌTIMA DEFENSA Y EL ESTADO DE NECESIDAD COMO CAUSAS DE EXCLUSIÒN DE LA ANTIJURIDICIDAD EN LA LEGISLACIÓN ECUATORIANA

The development of this research work, a legal, critical and doctrinal study of unlawfulness was carried out under the provisions of Article 29 of the Comprehensive Criminal Organic Code, and the causes of exclusion from unlawfulness were thoroughly analyzed. , especially the state of necessity and legitimate defense according to the provisions contained in Articles 30, 32 and 33 of the Comprehensive Criminal Organic Code, investigating each of the requirements that must be observed by the sponsoring attorneys seeking to translate a technical, responsible defense and adequate within a criminal process in which a cause of exclusion from unlawfulness is alleged. The objective of the present investigation is to generate a source of consultation and academic instrument that allows to nurture the knowledge of law students, public or private lawyers and people who show interest in the subject raised on the legitimate defense and state of necessity as causes of exclusion of illegality. The applied research methods were: inductive, deductive, analytical and exegetical. The results achieved have allowed demonstrating that not all people who adapt their behavior to a criminal type must be subject to a sanction, this condition is violated as long as the person processed through his technical defense orient his allegations to the causes of exclusion of unlawfulness in accordance with the procedural rules of the Organic Comprehensive Criminal Code, provided that there are the necessary elements of conviction.

• Hlavní autor: Unach (author)
• Další autoři: Castro Guerrero, Teresa Maribel (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2019
• Témata: CULPABILIDAD; TIPICIDAD; LEGÍTIMA DEFENSA; INFRACCIÓN PENAL
• On-line přístup: http://dspace.unach.edu.ec/handle/51000/5580