Estudio dogmático y jurídico de la culpa como forma de imputación en el sistema jurídico ecuatoriano

Abstract

In the present study, an investigation has been developed about the imputation titles that form part of the theory of the subjective criminal type, that is, fraud and blame. These titles of imputation were defined, classified and delimited, fundamentally from the most important theories of the current criminal law. Each author has highlighted the elements that must integrate the precise concepts to recognize if a behavior that has produced in result, has been fraudulent and guilty; however, we can synthesize all that discussion in the conclusion that the fraud is a when the damage is caused unintentionally, and the fault is when the result has been caused unintentionally. From these definitions we can discuss if there is any of the forms of intent or fault. The central objective of the investigation was the determination of whether in the proposed case, in which a person injures another by attempting to shoot a dog, there is criminal liability and what title, our most important conclusion being that it existed in that conduct an unconscious guilt. The possibility of the existence of possible fraud was discussed, since in principle it would seem that the person executing the shot, did it with total indifference of the result that could come from that execution, but, after the analysis we could appreciate that in the way that the facts were given, the author despite recognizing that result as a possibility, he counted on it not happening.