El error de prohibición como elemento negativo de la culpabilidad y su contexto en el Código Orgánico Integral Penal

Abstract

The present work carries with it the investigation of Criminal Law in this general part, and directed directly to the Theory of Crime. Here we give full relevance to the determination of the Prohibition Error, its nature and importance within the dogmatic part of guilt. The situation itself in which it was positioned as a cause for exoneration of the conduct and the penalty for committing an unjust is also analyzed. We have also focused on seeing the causes for which it was not implemented in the Código Orgánico Integral Penal that came into force in 2014, as well as verifying if it could be applied at that time, this in relation to what was established in article 34 of the aforementioned code; and consequently see the current situation in which it is developed in the reform of said standard in December 201 and that entered into force in June of this year 2020