El error de prohibición indirecto o error en las causas de justificación como causa de exclusión de la culpabilidad

Abstract

This investigation has aimed to identify the characteristics of the prohibition error as an institution present in the dogmatic of the negative part of guilt in the theory of crime. To arrive at solid and representative conclusions, we will refer to the contents of the most important texts of the outstanding writers of criminal law in its general part. Methodologically, a hypothetical case was raised, the same one that has served as a vertex for the development of the investigation, since it does not have a resolution, but rather a result must be attributed based on it. The conflict that arose was derived from the fact that the case is confusing, between a possible legitimate defense, an excess of defense or a case of prohibition error, the latter being the least known figure in the jurisdictional practice of the country, and of course it is the least developed in most criminal law texts. In our conclusions we affirm with certainty that the case is about an error of indirect prohibition or error in the causes of justification, not falling on the error on its factual budgets, but on the error about the existence of a justification.