1. LA VIOLACIÓN "POR ACTUACIÓN CONJUNTA" (ART. 180.2a CP).
- Author
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GONZÁLEZ DE MURILLO, JOSÉ-LUIS SERRANO
- Subjects
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CRIMINAL codes , *ACCOMPLICES , *GRAVITY , *DECISION making , *RAPE , *CRIME , *CONCORD - Abstract
Rape "by joint action of two or more people" deserves specific aggravated regulation in the Spanish Penal Code (Art. 180.2a) and raises several problems of law interpretation: finding grounds for it, in order to explain why the generic aggravating circumstance of abuse of numerical superiority is not enough; determining the title of imputation of those who act jointly when they carry out part of the elements of the offence; but above all deciding whether each of the participants has to answer for a factual concurrence of as many crimes as carnal accesses or as intervening parties who have carnal access, or for a continuous offence, or it can be supported that what happened as a whole should be described as a single rape of intensified gravity. Precisely this last option would explain the existence of the qualified type of acting jointly, and prevent the disproportionate penalties that would otherwise be reached. [ABSTRACT FROM AUTHOR]
- Published
- 2021