La responsabilidad penal en los delitos de lesiones en las conductas a propio riesgo

Abstract

This thesis deals with the doctrinal discussion regarding the injury crime caused by physical confrontations and the role played by the victim within it. Therefore, a study of the point of view of the various schools is proposed, this approach gives the victim different roles that oppose each other. A strong doctrinal line places the victim in a passive role, as that immobile object that does not react to a situation in which its protected legal asset is involved, since it is the state, through its criminal regulations, who is in charge of protecting the right mentioned and thus safeguard the victim's own rights; On the other hand, we find those schools that consider the victim in this type of crime as one of the causes, because following their theory we have to understand that the victim is not an immobile subject who does not act, but rather is a subject that acts in accordance with the actions carried out by the author, granting him the possibility of foreseeing for his legal good in order to avoid damage to it. Ecuadorian legislation does not clearly establish the role of the victim within the injury crime typified in art. 152 of our Comprehensive Organic Criminal Code, as it only focuses on punishing the perpetrator who caused the injuries, leaving aside the victim. As a result of this study and analysis, it is shown that both the perpetrator and the victim play a fundamental role in the commission of the injury crime, since the victim also performs risky actions that harm her or or his legal interest