1. EVOLUCIÓN DEL CONCEPTO DE DOLO.
- Author
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JAÉN VALLEJO, MANUEL
- Subjects
- *
PROBABILITY theory , *CRIMINAL intent , *APPELLATE courts , *CONSTITUTIONAL courts , *JURISPRUDENCE - Abstract
In the present study a brief abstract about the evolution of the concept of malice in the jurisprudence of the Criminal Chamber of the Supreme Court is offered, explaining how this high Court has moved closer to the probability theory from the assent theory, mainly since the April 23th, 1992 Sentence, which had as one of the results the elimination of the volitional element in the malice structure, as well as the loss of meaning of the distinction among the traditional types of malice. In addition to this, the question concerning the meaning and extension of the malice knowledge itself, understood as a normative key currently and with a certain tendency in the doctrine to include the mens rea with the malice again. [ABSTRACT FROM AUTHOR]
- Published
- 2021