La imputación objetiva de Roxin y Jakobs desde la perspectiva jurídica del sistema penal ecuatoriano.
The high-level professional article, oriented to the analysis of the objectiveimputation of Roxin and Jakobs from the legal perspective of the Ecuadorian penal system,constitutes a debatable theme in modern legal thought. The objective of the research is toanalyze two different antagonistic theories...
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| Formaat: | masterThesis |
| Taal: | spa |
| Gepubliceerd in: |
2022
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| Onderwerpen: | |
| Online toegang: | http://repositorio.uotavalo.edu.ec/handle/52000/870 |
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Voeg label toe | Samenvatting: | The high-level professional article, oriented to the analysis of the objectiveimputation of Roxin and Jakobs from the legal perspective of the Ecuadorian penal system,constitutes a debatable theme in modern legal thought. The objective of the research is toanalyze two different antagonistic theories regarding objective imputation in order todemonstrate that they can converge, develop and be applied in the Ecuadorian penal system.Ignorance, the unequivocal idea of continuing in a "legalistic" system and the nature of the theory of objective imputation, denotes the scarce applicability of this important institution,taking into account that it is not sought to fade the causality integrated in the ComprehensiveOrganic Penal Code (later COIP), but rather, to promote the application of a correctadministration of criminal justice, considering that the classic or finalist scheme is notenough, but also the functionalism of criminal law. The methodology of the investigation byits nature is documentary, legal dogmatic, qualitative and analytical, since it is perfected tocapture as concrete as possible the general ideas of Roxin and Jakobs, as well as the ownposition of reference to the construction of an objective imputation. effective in theEcuadorian penal system. It is concluded that the theory of Objective Imputation (later IO)is a contribution closely linked to social reality and that in that order of ideas, visions andparticular elements must be adapted to each society in order to consign a guarantee penalsystem., a due process, a correct imputation, a valid right and a desirable right linked, andthat are applied with all the elements of the crime that collects the finalism and improves thefunctionalism in the COIP. |
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