Aplicación del error de tipo y error de prohibición por parte de los jueces de instancia de la ciudad de Azogues

Abstract

The limits of the punitive power are immersed in the Constitution of the Republic, sin ce it has a legislative task within the principies of application, interpretation and systematization. lt was elaborated an analysis on the application of error of type and error of prohibition by the judges of instance in the legal field, especially, the way they act when they face these new articles included in the Organic Integral Penal Code. The error is the false interpretation, on sorne legal element of the criminal behavior, made by an individual who has committed a crime, resulting in what we know today as the error of type and the error of prohibition. The error of type implies objective and subjective elements of the criminal type, excluding malice. The error of prohibition is given by a lack of knowledge of a prohibited action, that is to say, the person has a lack of knowledge of the prohibited norm, which excludes the unlawfulness. In view of these new articles, it was evidenced that judges do not know many cases in which these types of errors are presented in Criminal Law, it was concluded that certain specific cases should be analyzed disaggregating the facts and actions that are presented, as well as whether the requirements are met for these to be criminally punishable.