La teoría de la imputación en la discusión doctrinaria actual, especial referencia al código orgánico integral penal.

Abstract

As the risk society has progressed, it has needed in the matter of criminal law theories that collect modern constructs in order to deal with changing and modern social relations in a modern and timely manner. In this scenario, the finalist and functionalist currents are those that currently monopolize criminal thinking in the different legal systems of the region. On the other hand, the Ecuadorian Criminal and Criminal Procedure Law included in the Integral Criminal Organic Code, collectively, collect the different theories of Criminal and Procedural Law. The first one, has moved away from the classical and causal delimitation of criminal types, which historically was limited to the determination of the presence or absence of a cause and an effect, to give rise to a system that evaluates multiple edges of the action, omission and actions or omissions incurred by the victim, among other features present in the modern scenario of the action. This paper aims to analyze the status of the dogmatic regulation issue that COIP develops regarding the imputation theory. With the help of exegetical, systematic, comparative and analytical methods, it was concluded that COIP allows the indistinct application of postulates of both finalism and functionalism.