Alegación, prueba y valoración del error de tipo como figura jurídica tipificada en el Código Orgánico Integral Penal (COIP)

Abstract

Abstract: The penal type is a description of actions or omissions that are considered a crime. When there is an error -or ignorance- about any of the objective elements of the criminal type, we speak of a type error; because a discrepancy between the conception of the subject and reality is verified. There is no knowledge or will to commit the criminal type, therefore, there is no fraud. However, the error can be considered beatable or invincible, depending on whether or not the subject could have avoided the commission of the penal type. Understanding and explaining the presuppositions of the type error as a legal figure, will allow the lawyers to present arguments or reasons accompanied by validly selected evidence elements that will serve to demonstrate or support the case theory presented and analyzed to the judge. Through a qualitative analysis, it is verified that the type error has been incorporated late into Ecuadorian legislation, so there is no developed normative and jurisprudential that allows a deeper understanding regarding the subject in the Ecuadorian context.