Examinando por Autor "Caguana Tacuri, María Belén"
Mostrando 1 - 1 de 1
Resultados por página
Opciones de ordenación
- ÍtemSolo MetadatosEl error de prohibición en las causas de justificación de la antijuricidad en el sistema penal ecuatoriano(Universidad Católica de Cuenca., 2023) Caguana Tacuri, María Belén; Chávez Pasato, Erika Gabriela; Inga Yanza, Julio César; 0105188148; 0302059217This scientific article was developed with the objective of providing an accessible and understandable manner of synthesis of data obtained through scientific research on the error of prohibition in the causes of justification of illegality, by exploring various perspectives of prominent authors and the analysis of doctrine and relevant legal norms. The content is divided into three sections, the first will present the general bases of the theory of crime, this section provides a fundamental introduction to understand the key concepts and principles that underlie the central theme of the article. The second section focuses on the “Error of prohibition" in the context of the causes of justification of illegality, exploring its relevance and application in the legal field, which provides a more detailed understanding of how the error of prohibition can influence the evaluation of the legality of criminal conduct. Finally, in the third section, an exhaustive analysis of both national and foreign rulings is carried out, examining the decisions made by the judges that will allow the reader to obtain a practical view of how the concept of prohibition error is applied. As a result, the error of indirect prohibition may occur within the causes of exclusion of illegality typified in the Comprehensive Organic Penal Code and this may be vincible or invincible depending on the case. These types of errors occur when there is an incorrect interpretation of what is allowed in the law. In conclusion, the article aims to facilitate the reader's understanding of the topic through a structured approach and detailed analysis of court cases.