NCJ Number
42473
Journal
REVISTA DE DERECHO PUERTORRIQUENO Volume: 14 Issue: 54-55 Dated: (OCTOBER 1974-MARCH 1975) Pages: 533-562
Date Published
1975
Length
30 pages
Annotation
ANALYTICAL DISCUSSION OF THE PROBLEMS OF DEFINING GUILT OR FAULT AS A GENERATOR OF PENAL RESPONSIBILITY AND THE PUNISHMENT OF NEGLIGENT CRIMES.
Abstract
AN EXAMINATION OF THE CONCEPT AND ANTECEDENTS OF 'FAULT' IN THE LEGAL DOCTRINES OF FRANCE, ITALY, SWITZERLAND, AND WEST GERMANY IS FOLLOWED BY DETAILED ANALYSES OF THE DIFFERENT CLASSES OF FAULT AND THE ELEMENTS OF NEGLIGENT OR FAULTED CRIME. ALSO CONSIDERED ARE THE STRUCTURE OF NEGLIGENT CRIME IN MODERN CRIMINAL DOCTRINE, INCLUDING THE CONCEPTS OF REPONSIBILITY, CULPABILITY, AND DUE CAUTION, AND THEIR RELATIONSHIP TO THE HARMFUL RESULT PRODUCED. THE FINALIST THEORY OF NEGLIGENT CRIME IS THEN PRESENTED AND DISCUSSED. THIS THEORY MAINTAINS THAT THE DECISIVE ELEMENT OF THE UNJUST OF NEGLIGENT CRIME IS NOT TO BE FOUND IN THE CAUSATION OF A MATERIAL RESULT BY VIRTUE OF A MERE ACT OF WILL, BUT IN THE INFRACTION (THE ACTION) OF THE OBJECTIVE DUTY OF CAUTION REQUIRED....ELW