La inclusión del dolo eventual en la legislación penal ecuatoriana.

Abstract

This thesis work is carried out with the intention of establishing a possible solution to the problem that exists today with respect to the erroneous classification of the degrees of willful misconduct in Ecuadorian criminal law, since it is not in accordance with the dominant trends in criminal law. For this reason, this work is aimed at the detailed study of malice, especially its third degree, also called "eventual malice", and to expose the reasons why this degree of subjective imputation should be included in the Ecuadorian criminal legislation, through a reform to the Organic Integral Criminal Code. To that end, we will initially analyze malice aforethought in general, developing its classification, to finally reach the third degree or eventual malice, and study its concept, the theories that support it, its delimitation with conscious guilt and other sections of this figure that, if included in the criminal law, would lead to an improvement in the subjective imputation and would serve to better protect the legal assets, the main purpose of Ecuadorian Criminal Law.