The nineteenth-century ideas of the Ecuadorian legislator: criminal policy and intent on COIP reform

Abstract

Far away is the Ecuadorian criminal policy of complying with adequate standards of scientificity. Then as the politician on duty seems to legislate with yesterday’s newspaper in his hand. In this paper, two issues are criticized in particular. First, the contradictory criminal policy of the Ecuadorian legislator is highlighted by taking sides with one of the most guaranteed theories of men’s rea of intent. At the same time, in the same legal body Reform, the legislature is legislated to expose to public light, which has been apprehended in flagrant crime (fashion crimes), and thus the judge has validated. Secondly, that is, in the second chapter of the work, the failures of the theory of the will of men’s rea that was adopted by the legislator are analyzed critically, together with the critical analysis of the rest of theories that dominate the scientific discussion nowadays. Finally, it will be concluded that the legislator was openly contradictory in his criminal policy and that the theory of the will of men’s rea. However, it offers very high respect for the dignity of the human being, and that is why it constitutes the most guarantee theory, this does not mean that in theoretical or procedural terms, it is the most rational and suitable for which the Ecuadorian legislator could have inclined.

JEL CODE: K14