The error of prohibition and its impact on the punishability of the conduct of foreigners

Abstract

This research project covers a study on the criminal law concept of error of prohibition, specifically in terms of its relationship to and impact on the punishability of the conduct of foreigners who, due to cultural and linguistic barriers, have difficulty and/or are unable to understand the illegality of conduct that is typical in Ecuador. In view of this, the purpose of this study was to determine under what criteria it can be considered that the culture or poor understanding of the justice system by a person from another country is sufficient grounds to exclude guilt for their conduct, in accordance with the concept of error of prohibition. To answer these questions, the research was conducted using the following qualitative methodological approach, applying the theoretical or dogmatic legal method and documentary literature review as a technique. Thus, it was concluded that foreigners may face linguistic and cultural barriers to understanding the complexities of the legal system of the country to which they have moved, and therefore the recognition of error of prohibition as a cause of non-culpability in Ecuador demonstrates the evolutionary development of criminal law.