Análisis jurídico del dolo eventual en el proceso penal y delito de lesiones

Abstract

The general objective of this research work, prior to the support of the topic of legal analysis of the eventual fraud in the criminal process and crime of injury, seeks to analyze if there was a contravention or a crime (eventual misconduct), by José; for being the person who threw a bladder full of water to wet a person driving a vehicle. Where the driver receives the impact on the face so he loses his vision and crashes his vehicle against a house, resulting in damage to the driver and injuries. The fact could be considered as a fourth class contravention, according to Art. 396, numeral 4 of the Comprehensive Organic Penal Code that states: "The person who voluntarily injures or strikes another, causing injury or inability to work, not exceeding three days" will be sanctioned with imprisonment of fifteen to thirty days. According to the injuries stated in Art. 152, numeral 1 of the aforementioned code states: "If, as a result of the injuries, the victim suffers an injury, illness or incapacity of four to eight days, he will be punished with a privative penalty. Of freedom from thirty to sixty days ". Due to the events described above, the problem arises of providing a solution to the vehicle driver's analysis reagent that resulted in injuries and material damage.