Teoría de la imputación objetiva y su aplicación en los delitos de drogas en Ecuador

Abstract

Although our criminal legislation has a finalist tendency, on the other hand, there is also a sufficient normative opening for the application of the objective imputation, not only in the guilty or fraudulent crimes, but also in the crimes of danger in abstract as the crimes on possession and possession of drugs. This is especially true when the rights of a sick person who consumes drugs, who also has special constitutional protection, are in conflict in a criminal proceeding. In this research it is important to analyze whether or not in our criminal justice system objective imputation is applied, and if there are endogenous and exogenous factors to the law that influence its application in drug matters. To this end, we will analyze the historical and doctrinal development of objective imputation from the beginning of the 20th century to the present day in Western Europe, especially in Germany, and how it is located in our criminal legislation. We will talk about the different endogenous and exogenous factors to the law that affect its correct application in drug crimes and we will analyze sentences issued by the National Court of Justice. We will conclude that our legal system has not established clear lines of understanding and application of objective imputation in crimes related to drug possession and abuse, since in this area there is a predominance of arbitrariness and the literal application of a table of drugs, on the one hand, and on the other hand, there is a predominance of the theory of final action, which is insufficient to resolve these cases, since it requires the complementary and corrective work of the theory of objective imputation.