A person is criminally responsible if he or she is found guilty of having committed a punishable act. To say that a person has criminal capacity is to say that he is obliged to respond for an illegal act established in the provisions of the Penal Code.
In this article we will leave you all the information regarding the criminal liability, don't hesitate to read it.
Where is criminal liability regulated?
The criminal liability appears, as expected, in many provisions of the criminal legal framework. Without embargo, from article 1 a definition of the concept of criminal liability:
1. Any act or omission that is not classified as a crime by law prior to the commission of this act will not be punished.
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2. The security measures They may only be applied when the previously established budget complies with the law. Article 1 of the Penal Code.
Furthermore, the article 5 of the Penal Code establishes that no punishment will be inadvertent or reckless. Therefore, it is necessary to complete article 27, which specifies that the perpetrators and accomplices are criminally responsible for the crime.
Given all this, it can be easily concluded that the criminal liability It is a legal obligation that is assigned to an individual who has committed a crime or participated in its consumption.
Differences between criminal liability and criminal liability
The criminal liability may be excluded for one of the reasons excluded in the article 20 of the Penal Code. This way, there will be no penalties for violating the law.
However, there may be times when, although an individual has not been sanctioned, a series of security measures have been taken and he or she must comply.
In this case, it is worth mentioning the criminal liability and not the criminal liability.
What is criminal responsibility based on?
Assuming that the offender is a conscious and free person who committed an intentional act.
The basis for considering centers of criminal liability is based on the following theories is Responsibility is based on the free will of the individual and morality.
He positivism Free will has been denied because man is a social entity, with a set of limitations, that if he acts with a crime, society will react by justifying himself.
Intermediate positions, such as that of von Liszt, who bases the criminal liability in the authority to act normally.
Other authors consider social responsibility as the ability to feel the psychological compulsion of a threat.
Spanish doctrine affirms that free will transcends the law. Therefore, the main thing is to think about how a subject feels free, given the reality of the drama.
Can you be exempt from criminal liability?
They are exempt from criminal liability:
1. Anyone who, at the time of committing the criminal offense, due to any anomaly or psychological alteration, cannot understand the illegality of the act or act in accordance with that understanding.
The transitory mental disorder will not exempt from punishment when it has been provoked by the subject with the purpose of committing the crime or he has foreseen or should have foreseen its commission.
2. Anyone who, at the time of committing the criminal offense, is in a state of complete intoxication due to the consumption of alcoholic beverages, toxic drugs, narcotics, psychotropic substances or others that produce similar effects.
3.º He who, due to suffering alterations in perception since birth or childhood, has seriously altered awareness of reality.
4. Anyone who acts in defense of the person or rights of his or her own or others, provided that the following requirements are met:
First. Illegal aggression. In the case of defense of property, an attack on property that constitutes a crime and puts it in serious danger of imminent deterioration or loss will be considered illegitimate aggression.
In case of defense of the dwelling or its premises, improper entry into that or these will be considered unlawful aggression.
Second. Need rational means employed to prevent or repel.
Third. Lack of sufficient provocation by the defender.
5. He who, in state of need, to avoid harm to oneself or others, injure a legal good of another person or infringes a duty, provided that the following requirements are met:
First. That the evil caused is not greater than that which is being avoided.
Second. That the situation of need has not been intentionally caused by the subject.
Third. That the needy person does not have, due to his job or position, an obligation to sacrifice himself.
6. He who acts driven by insurmountable fear.
7. Anyone who acts in compliance with a duty or in the legitimate exercise of a right, office or position.
In the cases of the first three numbers, where appropriate, the security measures provided for in this Code.