Aberratio stroke


The aberratio ictus is the legal expression used to define the author's error in committing a crime on the taxpayer.

This legal figure that means "error in the blow" is used for cases in which the perpetrator of a crime wants to commit a criminal offense against a specific taxpayer, but finally, due to an error, ends up committing the crime against another person. , victimizing a subject other than the one wanted by the author.

What fails is in the direction of the criminal action and injures another taxpayer accidentally. It is not that it has confused the person, but that there is an error in the action itself.

An example is, wanting to commit the crime of murder against X by shooting, but miss the mark and end up murdering Y.

The result is the one wanted by the author, which is the death of the victim, but not completely since, although he has achieved the result (death), he has done so in a different victim.

Characteristics of aberratio stroke

The main characteristics of this legal figure are:

  • It is within the criminal errors studied within criminal law.
  • It is a mistake in fact and not in law.
  • It is an accidental and non-essential error of fact.
  • It does not affect the commission of the crime or the violation of the legal right. He wants to commit a crime of murder and he commits it, the only thing that varies is the victim.
  • It does not eliminate guilt.
  • Nor does it eliminate typicality. The crime itself is regulated in the penal code.
  • Nor does it eliminate unlawfulness. The person knew that their actions would lead to the commission of a crime.
  • It only operates in crimes of result.

Figures similar to aberratio stroke and differences

You have to make differences between some similar figures. Thus we must differentiate between aberratio causae and aberratio delicti.

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