We can define the calls absolute excuses such as the reasons that the law provides to interact in certain crimes by clarifying their convictions. Such reasons find their justification beyond illegal and sinful reasons such as utility or justice.
If we define crime in the classic sense of "typical illegal and reprehensible act or omission" then in this definition the basic structure of the crime. In other words, a typical illegal and guilty action (positive or negative) to which some authors also add sanctions or punishments.
So the excuses for the absolute excuses they are real by vision away from the legislator allowing behaviors that seem criminal. Where some situations have legal and criminal consequences.
What are the reasons for absolute excuses in the Penal Code?
The absolute excuses are circumstances unrelated to illegality and culpability that prevent the application of a prescribed sentence for a serious crime. They are related to causes excluded from the sanction, but not to the cause of exemption criminal liability extenuating or causes of exclusion of illegality.
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The jurisprudence The Supreme Court treats acquittals as a series of special cases in the "difficult to categorize" category. This is based on reasons of criminal policy to omit certain criminal acts without penalty. In other words, punishment is excluded in some very special cases.
What is the reason to be the absolute excuses of kinship?
The absolute excuse due to kinship is grounds for dissolution due to kinship in the strict sense, since it is a situation that was in place at the time the crime was committed. It is governed by article 268.1 of the Penal Code and exempts from criminal responsibility (but not from civil liability) for crimes of patrimonial appropriation to the following subjects:
- Spouses not found separated or in the process of separating divorce or annulment of your marriage. Descendants and natural or adoptive siblings as well as first degree relatives if they live together.
To be applicable, without embargothere should be no violence intimidation or abuse of the victim's vulnerability due to their age or disability.
Family reasons are acquitted of what crimes?
The causes of absolute excuses by kinship apply to crimes against property listed in chapters I to X of title XIII of the penal code. That is to say:
- Theft vehicular.
- Fraud (fraud, unfair management, misappropriation and electricity fraud and others).
- botched execution.
- Insolvencies are punishable.
- Price modification in contests and public auctions.
What are the requirements for the application of absolute excuses?
First a crime committed by one family member against another, specifically the spouses (or assimilation) are not legally separated. Or actually, descendants and brothers and sisters, as for the son-in-law and daughter-in-law if he lives with the victim.
Secondly, and in the limited interpretation that we will deal with later does not extend to strangers other than the nuclear family who may be involved in the crime. Thirdly, the crime of being patriarchal may in principle include all the content of Article XIII of the Penal Code as long as the type of crime does not include acts of violence or intimidation.
Fourth, as mentioned, the use of violence or intimidation is excluded. Finally, after the reform of Law 12015 has been implemented, it can no longer be applied when the victim is in a situation of vulnerability. for being a minor or for being a minor and disabled.
Article 268.1 CP It has been the object of criticism from an area of the doctrine about to be considered eligible for some "sign to commit a crime" acknowledging its removal or at least a limited interpretation of it. We must reiterate the validity complemented by the precepts that concern us of art. 103 Lecrim establishes:
they cannot engage demand among them:
- Spouses except for crimes or misdemeanors committed by a person against the other or their children and for crimes committed by either spouse.
- Natural descendants, descendants and siblings by adoption or marriage, except in cases in which a crime or misdemeanor has been committed between them. As we can see, there is only the possibility of criminal acts between relatives when it comes to individual offences.