El error de prohibición y su aplicación en el Ecuador frente al Principio de Legalidad”

Abstract

The present work is based on the research line of the study of general criminal law and specifically on the theory of crime. Of particular relevance here is the tripartite conceptualization of crime with the adoption of the finalist theory of crime. This research analyzes one of the topics that make up the dogmatic category of Guilt, that is, the error of prohibition as a cause of exoneration from the commission of a crime. This is in order to determine whether its application in Ecuador is feasible without violating the principle of legality, in accordance with the provisions of the current article 34 of the Criminal Code. An analysis is also made of the recent reform contained in the Ley Orgánica Reformatoria al Código Orgánico Integral Penal, with a view to identifying whether or not it’s coming into force would change the scenario of the sustained hypothesis, which is that even without it, I believe that it is indeed possible to apply the prohibition error as a ground for exculpation