La coacción como estado de necesidad disculpante en el delito de tráfico de drogas

Abstract

Criminal law, being the coercive tool par excellence, requires a deep analysis at the time of its application from the perspective of the current to which it subscribes. In this route, the Integral Penal Organic Code, when it glimpses a finalist inclination, has categorized the study of the theory of the crime in the four traditional meanings: conduct, typicity, unlawfulness and culpability, with a view to finally establishing the criminal responsibility of a person in accordance with the Ecuadorian system. In the analysis of the causes that exclude the illegality or guilt, this work is framed in order to respond to the hypothetical case that gives rise to it. Of a qualitative nature, this research is based on the analysis of documentary information that the specialized doctrine has built on the subject. With the help of the analytical, comparative, systematic and exegetical methods, this titling work allows to conclude the necessary exclusion of the crime of drug trafficking that the prosecution intends to attribute to the accused in the hypothetical.