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The infraction to the objective duty care and it’s legal insecurity in the ecuadorian criminal system

Abstract:

The criminal normative system in Ecuador has criminalized fraudulent and negligent types of crime, which are included in the Comprehensive Organic Criminal Code, within these criminal types there is a bad criminal legislative technique since the requirements for determining the violation of duty were not established objective of care, and only requirements that have to be verified, were determined for a criminal type. In the article, a review was made of the law, jurisprudence and criminal dogmatism on the existence of these requirements, determining that there is still no one in Ecuador who defines these requirements and only the dogmatism has determined them. The essential point that was developed are the strata of the theory of objective imputation that closely resemble the requirements. It was established that these requirements are perfectly applicable to all criminal offenses that exist in our criminal law, thus giving confidence and creating legal certainty on the part of the jurisdictional bodies.