The Absence of the Prohibition Error, in Relation to the Finali Theory
Guiding Ecuadorian Criminal Legislation; and the Punitive Nature of the Organic Comprehensive Criminal Code
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This research work developed under the title of "The Absence of the Error of Prohibition, in Relation to the Finalist Theory of the Action that Orientates the Foundation of the Ecuadorian Penal Legislation; and the Punitive Character of the Organic Integral Penal Code". This figure alludes to the lack of knowledge of the Antijuridicity, that is to say, it is the case of the subject who commits a crime and is unaware of the typification of this action. This research will be approached from the doctrinal study of the three theories of crime, causalist, finalist and functionalist with the element...
This research work developed under the title of "The Absence of the Error of Prohibition, in Relation to the Finalist Theory of the Action that Orientates the Foundation of the Ecuadorian Penal Legislation; and the Punitive Character of the Organic Integral Penal Code". This figure alludes to the lack of knowledge of the Antijuridicity, that is to say, it is the case of the subject who commits a crime and is unaware of the typification of this action. This research will be approached from the doctrinal study of the three theories of crime, causalist, finalist and functionalist with the elements of crime that each of the theories raises and defines; as well as delving into the error of prohibition, as is its correct application when it is invincible or beatable; given that the absence of this figure affects principles and procedural guarantees. In order to faithfully fulfil the objectives proposed in this research topic, we resorted to compiling legal and doctrinal bibliographicalresources, as well as legislation from different countries in whose criminal codes the error of prohibition does appear and its application is regulated.
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