Year: 2025
Type: article
Abstract: Within the structure of material offenses, it is impossible to advance to the analysis of the normative categories of objective typicity without first establishing that the legally relevant outcome has been ontologically determined by the action/omission of an agent. The Código Orgánico Integral Penal improperly refers to this determination link, reducing it to the concept of causation, which may lead to undesirable political-criminal outcomes. To preserve the epistemic efficiency of legal proceedings in Ecuador, this paper addresses the dilemma of causation, identifying its limits and problems while proposing alternatives to minimize the risk of error in the resolution of the quaestio facti.
Source: Iuris Dictio
DOI: 10.18272/iu.i36.3718
Author: Diego Xavier López Jara
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412484540