La imputación objetiva en el delito de comisión por omisión en la práctica médica ecuatoriana
In Ecuadorian society, from the effective date of the Comprehensive Organic Criminal Code of 2014, a culture of complaint was created towards many doctors, against whom it is mainly acted on by criminal means, which is why it is necessary for the realization of justice (as an end), to be able to obj...
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Main Authors: | , , , |
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Format: | Article |
Language: | Spanish |
Published: |
2021
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8965292 |
Source: | Iustitia Socialis: Revista Arbitrada de Ciencias Jurídicas y Criminalísticas, ISSN 2542-3371, Vol. 6, Nº. 1, 2021, pags. 213-236 |
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Summary: |
In Ecuadorian society, from the effective date of the Comprehensive Organic Criminal Code of 2014, a culture of complaint was created towards many doctors, against whom it is mainly acted on by criminal means, which is why it is necessary for the realization of justice (as an end), to be able to objectively delimit the responsibility (objective imputation) specifying the analysis of what is noted in the field of the omission of a specific duty, for distancing the due conduct from the imperative norm. Given the above, it is essential to carry out an examination of criminal legal responsibility of the conduct of the medical professional, through the objective imputation to attribute responsibility for the omissionate conduct before the realization of a result that generates damage to a legal asset. The certainty is required that the conduct will be investigated objectively, allowing the exercise of professional activity to be carried out with confidence. |
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