“El dolo en el Código Penal peruano de 1991: fundamento y contenido”

• Autor: Guillermo Bringas, Luis Gustavo
• Formato: tesis doctoral
• Fecha de Publicación: 2019
• Institución: Universidad Nacional de Trujillo
• Repositorio: UNITRU-Tesis
• Lenguaje: español
• OAI Identifier: oai:dspace.unitru.edu.pe:20.500.14414/15088
• Enlace del recurso: https://hdl.handle.net/20.500.14414/15088
• Nivel de acceso: acceso abierto
• Materia: Normativización; Contenido del dolo; Momento del dolo

ABSTRACT The purpose of this investigation was to show that the standardization as a method used for analysis of imputation in Criminal Law is the best instrument for a general and particular solution in cases. Achieved a better determination of the behaviors have been considered as intentional misconduct. For that purpose, we have resorted to the specialized doctrine through applied the scientific method in social sciences, but also the analytic method. I critized the several dogmatic positions and then contrasted it with tipical and hypotetic cases. As conclusion, We consider that the intentional misconduct in Criminal Law should be analyzed as standardization form because this point of view release of arbitrary solutions and a better predictability in cases. Likewiese, the purpose of this research work was get the malice´s content and temporality in the Peruvian Criminal Code. It means according to our legislation reply to the following question: What is the criminal malice´s content and at what moment should this form of subjective imputation be present? We set as a general objective to determine whether the malice is contained by the knowledge of the typical risk, as well as establishing the moment in which this must be presented. We began with the observation of typical cases and then we contrasted them with the regulation that the Peruvian Legislator makes, helping us with the interpretation provided by the doctrine. As a result of our investigation, we observed that there are borderline cases, in front of which the Judge needs better defined concepts. In conclusion, we affirm that the content of the malice is the knowledge qualified of the typical risk and that this must be presented at the time of the action. Finally, we consider that the main contribution of our research is to help better determine the content of the malice, as it depends on the assertion of the same or the imputation only of a wrongful act.