Understanding Criminal Offenses: Elements and Classifications
OFFENSE
An act or omission punishable by criminal law, specifically stated in the law.
Elements of Crime
Positive
- Behavior
- Criminality
- Antijuridicity
- Accountability
- Culpability
Negative
- Misconduct
- Atypicality
- Justifications
- Impunibility (minor, mentally incapable person)
- Innocence (well-founded fear, mistake, ignorance)
- Absolving excuse (theft of medicine, food, strictly necessary for survival)
DOLO (Intent)
The author intended the commission of the typical act. There is overlap between what the author accomplished and what they wanted.
Guilt
The author did not intend the commission of the typical act. The result is a product of their will, but due to a breach of duty of care.
Homicide (Article 213 CPEJ)
When a person deprives another of life.
Elements
- Life, previously existing
- Action or omission: a material element, deprivation of human life, through injuries within 300 days
- Moral intent, fault, guilt, intent, fault = recklessness, lack of thought, expertise
Perpetrator
Person who, through positive or negative behavior, causes the death of another individual.
Taxable Person
The owner of the legally protected property, human life previously conceived.
Legal Object
Human life already conceived.
Subject Material
The person who dies.
Mortal Injury (Article 214)
- Death due to disruptions caused by the injury, incurable or lacking available resources.
- Death of the victim occurs within 300 days after injury.
Murder (Article 219)
Committed with premeditation, advantage, treachery, and betrayal.
- Premeditation: The agent decides to commit a future crime and plans the means to execute it.
- Advantage: The offender is known to be superior in skill or physical strength, or uses superior weapons or weakens the victim’s defense.
- Treachery: Surprising someone suddenly or using menace.
- Betrayal: Breaking faith or safety expressly or implicitly promised to the victim.
Parricide (Article 223 CPEJ)
Intentionally depriving a spouse, ancestor, descendant, sibling, mistress, concubine, adoptive parent, or adopted child of life, knowing the relationship.
Infanticide (Article 225 CPEJ)
A mother depriving her son of life within 72 hours of birth to hide her disgrace.
Abortion
The death of the conceptus at any time during pregnancy.
Incitement or Assistance to Suicide (Article 224)
Assisting another person to end their life, liable to the same penalty as homicide.
Verifying the Body of the Crime (Article 119 CPPEJ)
- Complete and permanent absence of consciousness
- Absence of permanent spontaneous respiration
- Absence of brainstem reflexes
- Irreversible cardiac arrest
Injuries
Causing injury to another, altering their physical or mental health, or leaving physical marks.
Theft (Article 233)
Seizing another’s goods without right or consent.
Robbery
Theft executed with violence, involving public records, servitude advantage, enclosed spaces, stratagem, or public goods.
Breach of Trust (Article 245)
Prejudice caused to oneself or others by misusing a thing for which ownership was not transferred.
Fraud (Article 250)
Illegally obtaining a thing or advantage by cheating or taking advantage of an error.
Sex Offenses
Verifying the Body of the Crime (Article 127 CPPEJ)
- Age and physical constitution of the victim and offender
- Present lesions
- Previous conduct
- Mental faculties of the offended person
Indecent Assault (Article 142-E)
Performing erotic-sexual acts without consent on a person over twelve, or with consent on a child under twelve, without intending copulation.
Rape (Article 142-I)
Intercourse with a person aged twelve to eighteen, gaining consent through seduction or deception.
Rape (Article 175)
Intercourse through physical or moral violence, including vaginal, oral, or anal sex.
Equated Violation
Introduction of any object or instrument other than the penis for erotic purposes through physical or moral violence.
Elements of Rape
- Copulation (oral, anal, vaginal)
- A person of either sex
- Use of abuse, physical, or moral force
- Absence of will or consent (in children, consent is irrelevant)