Influencia de las escuelas clásica y positivista en el derecho penal ecuatoriano contemporáneo desde una perspectiva criminológica y de política criminalcSandy Roxana Dávila Luque.

Abstract

Abstract: This paper focuses on analyzing the influence of the principles of the Classical and Positivist Schools on the organization of Ecuadorian Criminal Law. Each school has presented different approaches to the factors that incite crime, such as social, psychological, or environmental factors. The Classical School mentions the principles of legality, proportionality, and imputability, which originate in the notion of "free will." Each element is mentioned in different articles of the Comprehensive Organic Criminal Code (COIP), which are useful for the sanctioning process. On the other hand, the Positivist School proposes preventive measures for crime through rehabilitation, criminological determinism, special prevention, and a concept that seeks to individualize the sanction through the application of alternative measures in accordance with the context in which the offender finds themselves. According to the study, the principles of the Classical and Positivist Schools are present in Ecuadorian law; however, in practice, certain limitations arise, which become evident during the procedural stages: preliminary investigation, prosecutorial instruction, intermediate stage, and execution of the sentence. The research seeks to determine the contributions and limitations of both schools in order to recommend regulatory strategies more consistent with the Ecuadorian reality, which aim to improve security and guarantee compliance with human rights.