Description
PRETERINTENTION. OBJECTIVE IMPUTATION
Book Summary
This work offers a comprehensive and updated analysis of two key concepts in criminal law: preterintention and objective imputation. The reader will find a detailed study that begins with the definition and characteristics of each concept, subsequently exploring their doctrinal and jurisprudential evolution, from classical Italian and Spanish doctrine to German influence and the perspectives of Colombian and Chilean jurists. The book serves as a fundamental tool for understanding the complexities of criminal liability, presenting various theories and a clear stance advocating for the repeal of preterintention, in line with Spanish doctrine.
What is it about?
The book delves into the nature of preterintention, a legal concept situated on the borderline between intent (dolus) and negligence (culpa). The author analyzes its similarities to both types of conduct, examines the ancient and modern doctrines that support it, and presents the various theories that attempt to explain it. A central chapter provides a comparative study of the objective imputation of the result in intentional, negligent, and preterintentional conduct. The work is enriched with abundant citations of Colombian and Spanish jurisprudence and legislation, providing a broad and practical overview. Finally, the author presents his position, recommending the repeal of this institution as he considers it outdated, an opinion that aligns with sectors of Spanish doctrine.
Main Topics
- Concept and characteristics of preterintention in criminal law.
- Doctrinal and jurisprudential evolution of preterintention, with the influence of Italian, Spanish, and German doctrine.
- Analysis of the objective imputation of the result and its application in intentional, negligent, and preterintentional conduct.
- Comparative study of Colombian and Spanish legislation and jurisprudence on the matter.
- Debate on the validity and relevance of preterintention as a legal institution.
Who is it recommended for?
This work is aimed at legal professionals, especially criminal lawyers, judges, prosecutors, and academics seeking a rigorous and updated analysis of preterintention and objective imputation. It is also highly useful for advanced law students who wish to delve into the complexities of the theory of crime and criminal liability.
What this book provides
- A detailed and critical analysis of preterintention, a controversial concept with difficult practical application.
- A comparative view of Colombian and Spanish criminal law, with abundant jurisprudence and legislative references.
- A clear and well-founded stance from the author, which invites reflection and academic debate.
- Conceptual tools for understanding objective imputation and its relationship with different types of criminal conduct.
Technical Data
- Author: PIVA TORRES, GIANNI EGIDIO
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Topic: GENERAL THEORY OF LAW, CRIMINAL LAW AND PROCEDURE
- Collection: BOSCH PENAL
- Binding: Paperback
- Publication date: November 2024
- Number of pages: 204
- Weight: 300 g
Editorial Review
This is a specialized work that addresses two fundamental concepts of criminal law with depth and academic rigor. The richness of its content, supported by an extensive doctrinal and jurisprudential analysis from several countries, makes it a valuable reference for the study and practice of criminal law. The author's critical stance and his proposal for the repeal of preterintention provide an element of debate that enriches the work beyond mere theoretical exposition, making it of interest to any professional seeking updated knowledge and a comparative perspective on the subject.