El error de prohibición en el COIP y su aplicación por parte de los operadores jurídicos y jurisdiccionales en la ciudad de Cuenca

Abstract

Since the legislator has not established the prohibition error as an exemption from liability or cause of blame in the Criminal Code (Código Orgánico Integral Penal COIP), ¿can prosecutors and trial lawyers propose that exemption and can the judges apply that argument? It is the question posed and developed in this work that falls within the first line of investigation, such as Ecuadorian Criminal Law and in the subline called General Criminal Law. However, before we solve that question, we will analyze the Theory of Crime in order to situate ourselves in the element of guilt that allows us to define the prohibition error, we will examine the types of errors and the consequences of each of them, and also compare our legislation with others in the region. We will conclude by affirming that it is not possible to apply the prohibition error within the dogmatic category of guilt, even though the legislator has established for a person to be criminally responsible, two things: that he or she may be imputable and must act with knowledge of unlawfulness. It´s impossible to apply because the absence of an express norm and because the only cause of blame recommended is related to non-imputability, although Constitutionally, it could be applied.