Movimientos reflejos, exclusión de la voluntad y su responsabilidad dentro de la acción penal.

Abstract

The general objective of this work is to study the reflex movements in the exclusion of the will and how this affects the analysis of criminal action, and therefore, of criminal responsibility. This becomes of great importance since the causal and finalist currents within criminal law promote the requirement of the presence of will in conduct as the center of criminal action. Therefore, those causes that exclude the will play a preponderant role within the proposed analysis, especially reflex movements. The methodology to be used within this research will be, firstly, the so-called documentary research, which allows access to literature, both in physical and digital format, with special attention being the digital repositories of universities as well as databases of scientific journals specialized in Law. In the same way, this work is assisted by the exegetical, analytical and synthetic methods to approach the Ecuadorian criminal theory and regulations, analyze it, going from the general to the particular and vice versa, based on the resolution of the hypothetical practical case presented. Due to the above, and after the corresponding reflections, it is concluded that bodily reactions, without the presence of will or conscience, classified by the doctrine as reflex movements, exclude the criminal responsibility of the active subject.