Efectos dogmáticos y jurídicos de la existencia de causas de exclusión de la conducta en proceso penal

Abstract

The theory of crime is structured by four categories, the same ones that are universally recognized in criminal doctrine and in most legal systems. These categories are action, typical, unlawful and guilty. The action as the first element, is constituted as the most important, especially because it fulfills a link role of the rest of the categories. Action is the exercise of a bodily movement that is voluntary and directed toward a purpose. In this way the most important element of action is will. The will as an element of the concept of action, implies in turn, that the subject has had control of their movements, so the lack or absence of the will will determine the non-existence of the action and consequently the non-existence of the crime. The Organic Comprehensive Criminal Code of Ecuador, in its substantive part, establishes as causes of exclusion of criminal conduct, reflex movements, states of absolute unconsciousness and states of absolute unconsciousness. In the present work, a conceptual discussion of the causes that exclude behavior has been developed, which is allowed by virtue of the non-existence of these concepts in criminal law, confronting these concepts and their effects, with a particular case proposed with research purposes.