La tentativa inidónea o delito imposible. Una visión integral
The achievement of several goals can be seen in this work. A methodology that allows differentiating the unsuitable attempt from the other juridical figures in the iter criminis, in order to dispel uncertainty, confusion and efficiently treat this unfair assumption. Several rules are also proposed t...
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2016
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| Online Access: | http://hdl.handle.net/10872/14862 |
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| Summary: | The achievement of several goals can be seen in this work. A methodology that allows differentiating the unsuitable attempt from the other juridical figures in the iter criminis, in order to dispel uncertainty, confusion and efficiently treat this unfair assumption. Several rules are also proposed to be included in the Venezuelan Criminal Code in accordance with the above-mentioned methodology, that fills the existing loophole in our criminal and legal system, taking into account in this way the proposal for impossible crime referred on the Criminal Code project of the Supreme Court of Justice. In the course of the thesis, with a historical and documentary approach, the unsuitable attempt is analyzed through dogmatic, constitutional, social and even psychological optics, that have justified both the penalty and the impunity of this conduct allegedly delinquent, including the positions of the Venezuelan doctrine. Also aspects such as the suitability of media, suitability of object, and absence of the subject or object to which the criminal action is aimed are addressed based on the objectivist, subjectivist and mixed theories, to then arrive at conclusions about the punishment, which shows the position of the author. We can say in general that the thesis has focuses on the following: 1) the conduct of an agent that wills to intend a legal type, wants to produce a criminal outcome, is convinced to do so as planned and performs all acts aimed at such objective, but the completion of the offence is impossible due to the unsuitability of the media, the object or absence of the passive subject to which the action is aimed; 2) the punishment of an individual, who, knowing that their conduct adapts to a set of fact of a criminal standard, does not affect or endangers a legal right and 3) the importance of the penalty from the social point of view. Keywords: Criminal Law, Attempt, unsuit |
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