La obediencia debida en el derecho penal

Abstract

Due obedience is an old criminal legal institution that has been censored and even suppressed in some legal systems because of having been managed to hide terrifying crimes; that the victims and history protect so as not to forget what the human being is capable of when a completely dehumanizing, racist and discriminatory ideology is impregnated or displayed. After some reflections from the legal technical point of view, with the help of theoretical methods, the ideas about this cause of exclusion of unlawfulness are exposed, recently modified by the Ecuadorian legislator and embodied in the Comprehensive Organic Penal Code (COIP), finally reaching the conclusion that it is considered fair and adequate to maintain this ground of justification, of course, verifying compliance with the requirements established by law but it should never be allowed to be used to subjugate the peoples and then leave these abuses unpunished. and abuses under the pretext of complying with an order or a legal duty.