Análisis jurídico sobre el homicidio preterintencional según lo establecido en el código orgánico integral penal

Abstract

In developing the issue raised, the objective to be carried out is to establish the scope of pre-intentionality in relation to the crime of homicide according to what is developed in the Comprehensive Organic Criminal Code, which was carried out through the analysis of the legal framework national in relation to the international legal framework; the evaluation, weighting and interpretation of information obtained from interviews, memories, conversations, scientific articles, etc., regarding specific topics; the study of doctrinal concepts issued by knowledgeable authors of the subject to be developed. In the present investigation, a proper discussion is carried out with respect to criminally relevant conducts to clarify whether fraud or guilt is involved in the pre-intentionality. Where it was concluded that for the pre-intentional homicide to be configured, it must consist of two phases; the first where the author denotes a willingness to commit an offense, and the second where he obtains a result that exceeds the desired one. As will be evidenced at the time of developing the concepts of fraud and guilt, thanks to which it is intended to identify what is the scope of pre-intentionality within the crime of homicide.