Abstract

ABAD TANDAZO, Mario Holger. The absence of error in the comprehensive organic criminal code of Ecuador, as a cause of justification of criminal conduct. Conrado [online]. 2021, vol.17, n.83, pp. 70-79.  Epub Dec 10, 2021. ISSN 1990-8644.

The article analyzes the doctrine of Criminal Law in Ecuador, and specifically the Theory of Crime as a system capable of conceptualizing this term in structural elements. The Comprehensive Organic Criminal Code of Ecuador, in force since August 10, 2014, raises the structural concept of crime or, say, criminal offense, it can also be observed that it follows a trend promoted by the Finalist School of Law. This work focuses on the unlawful element within the structure of the crime, appreciating the exclusive causes or causes of justification, which the doctrine knows, where four of justifications are regulated all in its article 30, but it stops establishing the error as a cause exclusive of unlawfulness or as a cause of justification, on the need for its legal regulation. Finally, the importance of this topic in the teaching of law is recognized.

Keywords : Unlawfulness; causes of justification; error; comprehensive criminal code; legal absence.

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