The blame It is the production of damage when an action is carried out and due care is not taken to avoid possible results. This can be conscious and unconscious and is related to incompetence, recklessness and negligence.
In it right, blame It is a negative or positive behavior that involves negligence, the intention to cause harm and the duty to repair. In it criminal law Guilt is a criminal action that is committed without taking care to avoid harm, but is not done intentionally.
What is guilt?
The blame It is an omission of correct conduct, which must prevent and prevent harm from being caused. The way it manifests itself is through incompetence, negligence, imprudence or non-observance of rules or duties.
Guilt in the civil sphere requires reparation for the economic damage caused by acting recklessly. Guilt in the criminal field can cause the application of a penalty in the event that the act is considered a culpable crime.
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Guilt can be classified in several possible ways, including:
According to legal regime, can be prosecuted by civil law or criminal law.
Depending on your scope of contractual application or not: when the fault is extracontractual it is known as culpa aquiliana. In the contractual case, it is when there is delay, non-compliance, delay or delay in complying with a contract.
According to the nature of the behavior of the negligent action, it can be committed by omission or by action.
Depending on the grade, it can be non-serious or serious; when the fault is serious, it is very close to fraud.
Types of guilt
The types of guilt that exist are:
This type of which is one where the result has not been intended or foreseen.
Guilt of this type is that in which the result is known but the active subject has not desired it,
Guilt according to intensity
This type of guilt is subdivided into different ones that have been established by Roman law, they are:
This type of fault is where the harmful result could have been foreseen by anyone.
Guilt of this type is that whose result would have been foreseen by a diligent person.
Very slight guilt
This type of guilt could only be foreseen by a person with extraordinary diligence.
What elements make up guilt?
Guilt is made up of the following elements:
Omissive or active behavior
In order to conform to the blame the presence of voluntary behavior is necessary. This means that the omission or action carried out by the individual must be able to be related to the will of the human being.
This is the relationship between the action that causes the damage and the damage itself, this is a cause and effect relationship. The causal relationship allows determining actions suitable to be considered actions causing damage.
Is he damage that is caused to a legally protected interest.
Lack of foresight
The unwanted action is required to be the result of voluntary behavior, which is contrary to the norms of conduct. Which require diligent and prudent action on man in order to avoid harmful and damaging events.
What is culpable crime?
He culpable crime It is committed due to lack of care when performing an action, there is no intention to cause harm. This crime is the result of carrying out an action without taking the care required by duty and is done without intentionality.
The damage that arises from the culpable crime is consciously pursued and the penalty established in the Penal Code for the type of crime committed.