The Theory of Crime and its application in the judicial decision by the judges in the Courts and Criminal Guarantees.

Abstract

The study identifies the theory of crime that judges apply in their judicial decision and its basis in the judicial decision and analyzes the theory of crime implemented by the COIP (Organic Comprehensive Criminal Code). Legal dogmatic research was used, relating to the methods: analytical and exegetical interpretative, which divides the problem into three parts: the penal dogmatics on crime theory, the crime contemplated in the COIP, and the sustenance of the theory of crime in the judicial decisions; from which it is determined that the judges apply the four theories of crime indiscriminately in their judicial practice. In the judicial decision it is not identified which theory of crime predominates in its foundation.