La falta de aplicación del estado de necesidad como causa de justificación en la administración de justicia vulnera el principio de presunción de inocencia

Abstract

The research work for consideration has focused on what is the study of the causes of justification as excluding the illegality of the relevant criminal conduct, doing an analysis of the unlawfulness, guilt and accountability, their connection and relevance.

It has been proposed as an objective study the relationship between the regulation that conduct (or prohibited) to protect the legal right and the grounds of justification; especially the state of necessity as good cause which excludes the unlawfulness of the conduct.

To achieve this objective, research has basically done under the inductive - deductive method; it has begun the study from a general area to go compacting analysis to specifically study the state of necessity as justification or precluding the wrongfulness of relevant criminal conduct causes.

This also has made an analytical study - synthetic, breaking it down into different parts and qualities, specifying and emphasizing the study that concerns us, which are the justifications; and whether they apply or not by administrators of justice when issuing its resolutions.