Tipos de Delitos en el Derecho Penal

Tipos de Delitos

• Delitos contra la persona: These offenses target a person's life, health, liberty, or integrity. Examples include homicide, assault, battery, and various forms of coercion. These crimes often involve intention or recklessness.

• Delitos contra el patrimonio: Focuses on offenses against property rights. It encompasses theft, robbery, fraud, extortion, and damage to property. These offenses aim to deprive the victim of their belongings or their economic value.

• Delitos contra la administración pública: These crimes relate to corruption, abuse of power, and offenses against public administration. This includes bribery, embezzlement, and obstruction of justice. They undermine the proper functioning of government and public administration.

• Delitos contra el orden público: This category encompasses offenses that disturb social peace and harmony, disrupt the public order. Examples include rioting, unlawful assembly, and hate speech. These acts create chaos and negatively affect public safety.

• Delitos económicos: This category involves offenses of an economic nature. The offenses usually involve fraud, illicit trading, manipulation of financial markets and money laundering. They pose substantial risk to the economy and societal well-being.

Principios del Derecho Penal

• Principio de legalidad: A key principle stating that criminal offenses and penalties must be established by law. This law must be clear, precise, and publicly accessible. No crime can be punished without pre-existing legislation defining it.

• Principio de lesividad: Crimes must cause real harm or potential harm to an individual or society. Merely expressing immoral views or intentions is generally not enough to constitute a crime.

• Principio de culpabilidad: This principle requires demonstrating that the accused committed the crime with a guilty mind or intent (mens rea). It's not enough to establish that a crime occurred. Proves the perpetrator had the necessary criminal intent (guilty mind)

• Principio de intervención mínima: The state should intervene in individual freedom only when strictly necessary. Criminal punishment should be the last resort and proportionate to the gravity of the offense. This principle highlights the need to avoid criminalizing trivial behavior.

• Principio de proporcionalidad: The sentence should align with the seriousness of the crime. Heavier penalties for more severe offenses and a more appropriate response within the system.

Artículos Específicos (General Example)

• Homicidio: Articles specifying different degrees of homicide (voluntary, involuntary, negligent) will outline the necessary conditions for each, including intent and result (death). The punishments would vary according to the details of the case (premeditation, motive, etc.).

• Robo: Specific articles provide detailed elements of robbery, such as the use of force or threat to gain possession of someone's property. The details of elements like "violence or intimidation," and the extent of harm would determine the punishment.

• Delitos contra la Administración Pública: Articles detailing bribery crimes, for example, should include elements like the act of offering or accepting something of value to influence an official act of a public servant. The punishment would often depend on the nature of the act (amount of money, level of public servant, etc.)

• Ejemplos adicionales: Additional specific articles for a particular country would address additional crimes and will be available in the specific penal code. Each will contain elements or characteristics that distinguish the crime, like the particular type of harm caused, the method of commission, status of the victim, and circumstances of the act including the intent. Punishments will vary substantially depending on these factors. The articles would specify what constitutes a crime in each particular situation.