La imputación penal en supuestos o circunstancias de plena inconsciencia

Abstract

The action or conduct category has been characterized as being the purpose of continuous study of the majority of dogmatists. The doctrine with its theories, during the construction of Criminal Law, has created different circumstances or legal concepts that exclude criminal responsibility. Said exclusion consists of divest of criminal relevance to a certain human behavior, suppressing either one or more of the elements or basic categories of the Theory of Crime. This work will focus on analyzing, in particular, the states of unconsciousness, which are considered usually as causes that conclude in the absence or exclusion of a behavior as criminally relevant. There are many states of unconsciousness, which in the current light of medical science, are really states of alteration of mental health; likewise, situations of unconsciousness that are foreseeable or avoidable due to the normative criteria described in the criminal area. Due to this, it is necessary to endow crime with normative aspects of the Theory of Imputation, in order to consolidate valid and sufficient criteria that help legitimize or not, the criminal intervention in certain acts considered prima facie, as criminal, when these, causally, be committed in circumstances of complete unconsciousness, taking as reference in some cases, the provisions of the Ecuadorian criminal law.