“La ausencia del error de prohibición, en relación con la teoría finalista de la acción que orienta a la fundamentación de la legislación penal ecuatoriana; y el carácter punitivo del Código Orgánico Integral Penal
This research work developed under the title of "The Absence of the Error of Prohibition, in Relation to the Finalist Theory of Action that Guides the Foundation of Ecuadorian Criminal Legislation; and the Punitive Character of the Integral Penal Organic Code, "the same that arises from th...
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| Format: | bachelorThesis |
| Język: | spa |
| Wydane: |
2019
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| Hasła przedmiotowe: | |
| Dostęp online: | http://dspace.unl.edu.ec/jspui/handle/123456789/21887 |
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Dodaj etykietę | Streszczenie: | This research work developed under the title of "The Absence of the Error of Prohibition, in Relation to the Finalist Theory of Action that Guides the Foundation of Ecuadorian Criminal Legislation; and the Punitive Character of the Integral Penal Organic Code, "the same that arises from the legal vacuum that exists in the Comprehensive Organic Criminal Code of our country on this doctrinaire figure, typical of the finalist theory of action. Figure that alludes to the ignorance of the Unlawfulness, that is to say, one treats in the case of the subject that commits a crime and that does not know the typification of this action or considers wrongly that it is allowed by the effective legal order; the finalist theory states that if this error of invincible prohibition is found, it eliminates guilt and the vencible reduces the penalty. This investigation will be approached starting from the doctrinal study of the three theories of crime, causalist, finalist and functionalist with the elements of the crime that poses and defines each one of the theories; as well as deepening in the error of prohibition, as is its correct application when it comes to invincibility or vencible; given that the absence of this figure affects principles and procedural guarantees. In order to faithfully comply with the proposed objectives in this research topic, recourse was made to recompile legal and doctrinal bibliographic resources, as well as legislation from different countries whose criminal codes include the error of prohibition and its application is regulated. The application of methods and techniques such as the survey and interview, both aimed at legal professionals, gathered valuable data and allowed establishing criteria and rationales to determine the need for a proposal for a reform focused on social and cultural reality, according to the legislative needs of our country; guaranteeing due process and the correct administration of justice. |
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