El estado de necesidad como una eximente de responsabilidad en el derecho penal Ecuatoriano.

Sometimes it allows individuals to carry out actions that endanger the life of another individual or a legal alien either equal, greater or lesser value but always legitimate interests where it is necessary to sacrifice the welfare of minor. In this regard it is considered that the person who has sa...

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Detalles Bibliográficos
Autor Principal: Márquez Andrade, José Pablo (author)
Formato: bachelorThesis
Idioma:spa
Publicado: 2012
Subjects:
Acceso en liña:http://dspace.unl.edu.ec/jspui/handle/123456789/20227
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Summary:Sometimes it allows individuals to carry out actions that endanger the life of another individual or a legal alien either equal, greater or lesser value but always legitimate interests where it is necessary to sacrifice the welfare of minor. In this regard it is considered that the person who has sacrificed a wellprotected by the criminal law at work in need is a proof situation and therefore is exempt from criminal liability the author. Currently the state of necessity codifies for excluding criminal responsibility in most criminal codes in force, it is said in the majority, not all because unfortunately in this area there are exceptions such outstanding as is the case in our Ecuadorian Penal Code, oddly enough not expressly upheld as general criminal defense to liability to the state of necessity, but it is limited by section 24 only to acts that run against the property of others by the need to avoid an evil which has led the judges to have to make real juggling legal exemption from prosecution for people who have acted in need, or just as in most cases, convict innocent because of lack of rule that allows them exemption from prosecution. For this reason it is overriding the implementation of necessity Ecuadorian criminal law, in order to avoid injustice on people who act driven by the need to run an illegal act in order to prevent further damage.