El error de tipo y error de prohibición en el COIP.

Abstract

This work addresses the type error and the prohibition error, its concept, legal effects and the existence of these theories in the COIP, because it includes new guidelines for the existence of the crime, so the conduct must be submitted through of filters, which will determine whether said conduct is typical, illicit and guilty; However, in the event of a failure in any of the filters, the subject of the violation would be exonerated from liability. It is then that these theories begin to play a fundamental role, causing legal effects when determining the responsibility of the subject whose conduct was selected by criminal law as prohibited and sanctioned. This application can occur in the objective part of the type (type error) or in the guilt (prohibition error); This causes a lack of synchronization between the indicated filters, resulting in irresponsible behavior, making the distinction between these theories necessary for their correct application.