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THE ABSENCE OF ERROR INTHE CODE ORRGÁNICO INTEGRAL PENAL IN THE CRIMINAL CONDUCT OF THE DEFENDANT IN ECUADOR

Abstract:

The absence of error in the Organic Comprehensive Criminal Code (COIP), as a justification for illegality in the criminal conduct of the accused, is a very important issue because it is born in the doctrine of Criminal Law, and specifically in the Theory of Crime as system capable of conceptualizing crime in structural elements. Thus, once it can be seen that the COIP of Ecuador, in force since August 10, 2014, raises in its article 18 the structural concept of crime or, say, criminal offense, it can also be seen that it follows a trend driven by the Finalist School of Law. The present work focuses on the unlawful element within the structure of the crime and on it. For this research, the Inductive-Deductive, Analytical-Synthetic, Historical-Logical research methods have been used and as research techniques, Observation and Bibliographic Review. The analysis of the excluding causes or causes of justification, known to the doctrine, made it possible to identify that, in the COIP, four causes of justification are regulated, all of them in its article 30, but it fails to establish the error as an excluding cause of unlawfulness or as justification. This work will deal with the need for its legal regulation.