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Article 14 of the Penal Code refers to the beatable error and invincible error related to a fact that is part of a criminal offense. At present, a distinction must be made between a prohibition error and a type error.
This article only establishes criteria to be able to evaluate the bug and determine what its criminal consequences are. The error in the determination of the facts can cause the non-existence of the criminal offense.
Article 14 the mistake
He article 14 of the Penal Code is found in Title I of Book I, chapter that corresponds to the crimes. In book I of the Criminal Code are the general provisions related to crimes, penalties, security measures. In addition to the responsible persons and different consequences that the criminal offense causes.
In classical doctrine, the error is related to a false trial seen from a positive point of view, which constitutes the error of fact. The error seen from a lack of knowledge such as ignorance, constitutes the error of law.
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This article establishes three error scenarios, they are:
Error related to the fact that constitutes an infringement
Error related to the fact that qualifies the offense or according to the aggravating circumstance.
The error related to illegality of the act.
When the error influences the behavior, it causes the existence of the criminal offensedue to lack of guilt. Furthermore, it is the negative factor of the intellectual element of fraud, because it consists of the disconnection of the reality of the facts and the presence of criminal activity.
The person who alleges error for the acts committed must prove existence of the same, as established in the jurisprudence. The error will not exist when acting using means of fact not authorized by the criminal legal system. Nor can it be invoked if facts are used that are known to all as prohibited.
What is type error?
The type error is regulated in the article 14.1 of the Penal Code, which deals with crimes. This error occurs when the person acts without knowing what is really going on. This means that you make a illegal act or a crime believing that you are doing something other than what is legal.
When this mistake is made there is no fraud for being unaware of the illegality of the act, because what is being attacked is a protected legal right. Type errors exist when the individual acts without knowing what he is doing.
The type error ultimately consists of a representation frise of reality But in the event that the error is considered beatable, the infraction will be punished as culpable.
What is the invincible type error?
The invincible error is one that according to the facts it couldn't be helped. This means that the subject that caused the infraction could not avoid it and this supposes the elimination of criminal responsibility.
When the invincible error is present in an infraction, it does not allow the consideration of the fraud or recklessness. This is the reason why there is no criminal liability, because whoever commits the offense could not have done anything to prevent the illegal act from taking place.
The other option that can be presented is that the person who commits the criminal offense be punished, but due to the existence of the invincible mistake, an aggravating factor does not apply. Which should be applied if the error did not exist.
What is beatable type error?
The winnable error is one that according to the circumstances in which the events occurred could be avoided. Therefore, for this type of error, the criminal offense committed will be sanctioned as it is considered reckless.
What is ban error?
The prohibition error is regulated in the article 14.3 of the Criminal Code, Chapter I, related to crimes. This error occurs when the subject acts believing that what he is doing is legal. But really this act is considered in the Criminal Code as a crime and has its corresponding penalty.
For the prosecution of the error of prohibition it is necessary to take into account the cultural and psychological conditions of the offender. In the same way, they must be offered the possibility of receiving advice or going to the media that will allow them to know the consequences of the acts committed.
This type of error excludes the criminality and illegality, it can also be an indirect and direct ban error or an invincible and invincible ban error.
Indirect prohibition error
This type of error occurs when the individual acts knowing that the legal system forbids that action. But he thinks that according to certain circumstances he can perform the act.
direct ban error
When this error occurs it is because the individual has no knowledge of the existence of the ban and acts believing that what he does is legal.
Invincible Ban Bug
This type of error occurs when the individual in no way could not have made the error and this causes him to be exempt from responsibility penal.
beatable ban error
An error of this type occurs when something could have been done to prevent the error from being made. This action does not allow exclude liability, the only thing that is done is to reduce the penalty by one or two degrees.
