Punishable recklessness means any human act (voluntary or involuntary, malicious, by omission) that, due to a lack of foresight, performs a harmful action. Or in violation of the duty of due diligence cwith results that are detrimental to the rightful property protected by the standard.
The latest risk theory holds that recklessness should be appreciated when a typical outcome. It is objective and the subject is wrong about the risk in its production even though it may be aware of the existence of this risk.
That's why here We are going to tell you everything related to punishable negligence.
What can we understand about punishable negligence?
Although we have said that penal Code does not have a definition of punishable negligence approaches the concept of the term by noting the following:
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- Imprudence punishable in a criminal structural episode excluding the criminal liability. If the error is taken into account in the circumstances as well as the personal reasons of the author of the crime to know if he has an infraction as reckless.
From this it can be inferred that recklessness is essentially an assumption of type error. The Penal Code as well as the jurisprudence It can be classified in exactly two ways:
- Serious imprudence.
- less serious recklessness
The nature of punishable negligence
There is a great doctrinal controversy about the nature of recklessness if recklessness is considered a special and autonomous crime or not or vice versa should be considered. as a degree of blame.
How to deal with this controversy is the consideration that it is not only penalized if one acts despite a particular danger of producing a result. But it also creates it through a reckless act (without caution) as indicated in article 10 of the previous Civil Code.
Elements of punishable negligence
The basic structure of punishable negligence is configured in a kind of objective way due to two basic factors:
- Violation of the diligence rule equivalent to the devaluation of the share.
- The production of a result that matches the expected result in the rate of fraud is equivalent to the loss of validity of the result.
In terms of subjectivity two factors are also needed:
- A positive one includes wanting to drive (reckless driving) or knowing the danger it represents (intentional). Conscious guilt or yes or not to be him (unconscious guilt).
- The negative factor of not wanting to produce results. In particular, regarding the violation of the standard of care, it is considered in the doctrine that it presents two different aspects.
The “external care obligation” is the obligation to behave in accordance with the standard of care warned in order to reduce the danger or risk.
Both aspects have to do with the conditions that affect the defendant and, on the other hand, it is necessary to consider that in our law it does not exist. A positive concept of what should be understood as a standard of care and that is why we know that it is the module or criterion by which to judge the subject's attitude in a particular situation by avoiding its consequences.
Types of punishable negligence
The current Criminal Code provides for a classification of recklessness that is divided into two categories:
- Serious imprudence.
- Less serious neglect.
The doctrine of the Supreme Court established a series of circumstances that must be taken into account when classifying negligence as serious or less serious.
The lack of diligence is more or less demonstrated in the act or omission that involves a risk, taking into account the competitive circumstances of each case. There is a greater or lesser predictability of the resulting event.
The greater or lesser severity of a breach of the duty of care that is expected according to the sociocultural standards of the pregnant woman. In other words, the assessment of recklessness must be linked to the magnitude of the crime.
If it were serious, he would be seriously reckless regardless of the result that occurs to obtain a diploma. The 2005 Amendment to the Criminal Code introduced important amendments to the provision of the crime of imprudence punishable in the scope of the crime of homicide and injuries.
Here is a list of reckless felonies covered by the Penal Code:
- Murder reckless.
- reckless abortion.
- Reckless injury.
- Reckless genetic manipulation.
- Child substitution due to imprudence.
- Damages for negligence.
- money laundering reckless.
- Reckless damage to archives, museums or historical heritage.
- Reckless acts against the environment.
Punishable negligence is a slight violation of the duty of care, that is, the actions of the subject are not too dangerous. Less serious punishable negligence includes non-basic standard of care violations such as serious standard of care violations, standards that respect not only less diligent citizens but also cautious people.