AHP and Topsis methods for the estimation of the current Ecuadorian positive criminal legal system from the focus of subjective imputation

Abstract

The purpose of this paper is to implement the AHP and Topsis methods to estimate the current Ecuadorian positive criminal legal system from the perspective of subjective imputation. The method bases its operation on neutrosophic numbers to model uncertainty. The results of the implementation of the method suggest that in the context of the Ecuadorian criminal law in the substantive or material order, there is no subjective imputation in the criminal regulations in force since 2014. This reveals the lack of specification of culpable omission as a consequence of the conduct displayed by the perpetrator. The naturalistic conception of improper inaction constitutes an infraction. The results obtained specify the urgent need to incorporate by way of partial reform the 1st section of the Comprehensive Organic Criminal Code, 2014, regarding subjective typicality with the inclusion of article 26 on culpable omission. As a corollary, a legal-scientific response was challenged for the firm belief not of imposition but of proposition towards the jurisdiction of attraction in the transformation of a more robust subjective imputation, all in accordance with a more humanizing project of the Criminal Law.