Dolus generalis

right

The dolus generalis is a legal figure used in criminal law to refer to a causal deviation in the commission of a crime. It is an error of the subject who wants to commit the crime.

What is this error called dolus generalis? This error consists in that a person has the intention and the intention to commit a crime and executes an action to do so. But believing that he has reached his goal with this action (when he has not done so), he takes a second action and it is with this that he achieves the result he wanted at first.

The perpetrator of the crime, believing that he has wrongly carried out the criminal act, takes a second action in an attempt to hide that crime, and it is in this second action that he unknowingly achieves the desired result.

Structure of the dolus generalis

This error in the causal deviation of the commission of a crime has a structure to better understand it:

  1. Behavior of the perpetrator of the crime wanting to commit a criminal act.
  2. The behavior does not have the result desired by the author, but he believes it does.
  3. The author performs a second behavior to hide the crime.
  4. Without the author knowing it, it is this second behavior that causes the desired result.

Dolus generalis problem

The problem that these types of crimes cause is their qualification. How should the court view the offender? Two options are considered:

  • Conviction for a fraudulent consummate crime. That is, he wanted to commit the criminal act and he has succeeded in doing so. In this sentence, the causal deviation would not be considered.
  • Conviction of an intentional crime attempted together with a reckless crime. That is, he wanted to commit the criminal act and he does not succeed, but by wanting to cover it up he ends up causing the result (unintentionally) with this second behavior. Here the court takes into account causal deviation.

This legal qualification that the court will make to convict the perpetrator of the crime is relevant because the time of the sentence will vary.

Example of dolus generalis

We are going to give two examples to better understand this error in the commission of the crime:

(A) wants to kill (B) and for this he strangles him. Thinking that he had achieved the desired result (B's death) he wants to cover up this fact. (B) is wounded, but not dead. (A) stages a hanging and it is at that moment that (B) dies without (A) knowing.

Another example would be the one in which (A) wants to kill (B) and for this he gives him a strong blow. (A) thinks that (B) has passed away, when in reality he is only unconscious. (A) throws (B) from a certain height to pretend that he has died from the impact of the fall, which is what ends up causing death.

Tags:  passes banks other 

Interesting Articles

add
close

Popular Posts

economic-dictionary

Keynesianism

economic-dictionary

Performance curve

economic-dictionary

Pie chart

economic-dictionary

Derivative of cosine