Abstract

FERNANDEZ RUIZ, José Manuel. Criteria for Evaluation of the Type and Exception Models in the Actio Libera in Causa. Opin. jurid. [online]. 2021, vol.20, n.41, pp.49-70.  Epub Nov 11, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n41a1.

This essay aims to develop two criteria to evaluate the correctness of legally-described-conduct model and the exception model in its treatment of actio libera in causa. These criteria evaluate how these models regulate the paradigmatic cases of this figure and its consistency with the legal-penal norms that regulate the application of the deserved punishment. In the elaboration of the argument, an analytical reconstructive method is used for the development of the concepts to be examined and devising the critique of the explanatory models of actio libera in causa. First, a broad concept of actio libera in causa is elaborated to make plausible criticism that is then formulated. Second, these models are evaluated according to the utility condition and then according to the adequacy condition, concluding that both models fail to satisfy these conditions. It is concluded that, as conceptual models, they are deficient because they tend to exclude as cases of actio libera in causa some cases of drunken-driving offences, and thus, they do not represent concepts consistent with the principles that structure criminal responsibility.

Keywords : act requirement; culpability; intoxication; drunk-driving offences.

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