Special Crimes and Those on the Infringement of Duty in the Penal Code Draft (In Spanish)

Abstract:     
The second interjection at the 45 article of the draft for the new Penal Code arranges the obligatory attenuation of the penalty for the participants on whom do not concur the qualities that constitutes the illegal foundation of the punishing act. This text studies the reach of this disposition and its possible compatibility with the offenses related to breach of duty category. This type of offenses superposes with the traditional distinction of proper and improper special offenses. This analysis of the theoretical compatibility of the category, at the draft’s general part, complements with the analysis of its admissibility in relation with the legal description of some offenses at the special part (tortures, embezzlement, infidelity at documents custody, illegal halting and parents murder). A previous study on the concept of the offenses related to breach of duty, its effects, the critics it has gone through and its rebuttal.

Note: Downloadable document is in Spanish.

Number of Pages in PDF File: 22

Accepted Paper Series