La responsabilidad penal y sus atenuantes en la legislación ecuatoriana

Abstract

Traditionally, crime is defined as the action and omission punishable by law. Crime is defined as fraudulent or culpable acts or omissions punishable by law. Penal Dogmatics suggests that crime is a typical unlawful and culpable behavior. The Theory of the crime is the conceptual instrument that allows to clarify all the questions referring to the punishable fact. It serves as a guarantee when defining the budgets that allow to qualify a fact as a crime or lack. The theory of crime is the work of criminal legal doctrine and constitutes the most characteristic and elaborated manifestation of criminal law dogmatics. This has as its highest theoretical objective the search for the basic principles of positive criminal law and its articulation in a single system. The crime can only be a behavior that corresponds to a clearly formulated criminal type. The definitive thing is to point out that there is no offense without a legal type: that is to say, that under criminal prosecution only those actions formulated clearly in species of crimes defined by positive law such as homicide, theft or fraud fall.