The concept of aberration stroke It is undoubtedly one of the main ones that you need to know about the criminal law. This since it is very useful to know it for when we need it at any time in our lives.
That is why here we are going to explain in detail everything you need to know about this topic. So that you can use this legal concept in the best possible way and without any problem.
So we recommend that you stay until the end and you find out everything that Aberratio ictus really means.
What exactly Aberration stroke?
He Aberratio ictus becomes one of the ways to express where there is a failure with respect to a criminal action. But that this whole situation is completely accidental, this is very important to remember.
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In this type of case there will be a respective defect in the execution of the action that has occurred. Not a mistake as such of identity that the respective victim of the subject was going to have.
How does Aberratio ictus differ from Error in Personam?
Both concepts undoubtedly tend to confuse a large number of people who are starting out in all this law. The real difference between one and the other is that the error is practically about the object itself..
It is because of this that it would be a great mistake to ensure that before the action, a deviation completely uncontrolled by the subject would not be provoked.
Example about Aberratio ictus
A wants to kill his enemy B and aim his gun at him, but, aim badly, whether the aiming device of the gun is faulty or not, etc. The truth is that it is not B dead but C, who was found murdered nearby.
Therefore, the error occurs during execution, homicide (for C) would ideally compete with the attempted murder charge (for B). The two criminals cannot participate in a real crime competition, they participate in an ideal crime competition, the difference between the two competitions is very large. due to the different criminal effects that occur for criminals.
In ideal competition, one act causes many crimes, in real competition All crimes committed are punished, so the punishment will be greater than in the ideal competition. In the case of the example, the ideal fight happened because the mere act of shooting B caused two offences, the attempt to kill B and the murder reckless, involving C, who was actually dead.
When they commit a crime they are aware of the damage that will be done to them, while they commit a reckless crime they do not want to cause damage, it happens recklessly. In this case A did not want to kill C, but it should have predicted that shooting B while close to C would kill C if he was missing.
Another way of dealing with the same situation can be that of order is the allegation that A committed the full offense of attempted murder. Because the law of the benefit of murder is that a person does not kill another, whether the deceased is B or C, ultimately A wants to kill a person and a person is killed.
On the other hand, the error in personam, for example, we can say that A wants to eliminate B, waiting for him on a path. When someone came up he thought he recognized himself, so he aimed his gun at him to create a perfect target.
But it turns out that this (someone) is not B, but walker C (or, in another variation, the father of A). In this case the same grounds can be affirmed as in aberration stroke, when it is said that the law that interests him for murder is a person who does not kill another.
Whether it's the deceased B or C, A wants to kill a person after all and did kill one, so both A's will answer for attempted murder. Now you know a little more about the aberration stroke which is really helpful.