IMPOSITION OF A SECURITY MEASURE WITHOUT INTENT.
DEFEAT OF THE SUBJECTIVE IMPUTATION?
DOI:
https://doi.org/10.29393/RD252-8IMJP10008Keywords:
Non-imputability, Fraud, Security measure, dangerousness, subjective imputationAbstract
The author comments on a sentence of the Criminal Oral Trial Court of Concepción that imposes a security measure on an imputable person, even when it is established in the sentence that he acted without malice. This raises the issue of whether the unjustness that is the basis for the imposition of a legal consequence for the commission of a crime has a different content depending on whether or not the person is imputable. The affirmative answer to this question would lead to the waiver of the requirement of subjective imputation in the case of a non-culpable act. The author concludes that the normative treatment of the unimputable remains a pending task.Downloads
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Published
2022-12-30
How to Cite
Pacheco Quezada, J. (2022). IMPOSITION OF A SECURITY MEASURE WITHOUT INTENT. : DEFEAT OF THE SUBJECTIVE IMPUTATION?. University of Concepción Law Review, 90(252), 217-227. https://doi.org/10.29393/RD252-8IMJP10008
Issue
Section
Comentarios de Jurisprudencia
Copyright (c) 2022 Jaime Pacheco Quezada
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