Exclusion de la punibilidad en una conducta no voluntaria a consecuencia de una accion por movimiento reflejo

Abstract

With the present work it is going to determine which are the elements that must be exhausted for a conduct to be considered as a criminal action, that is how we will explain in detail the constituent elements of a crime, which as established by the Comprehensive Organic Criminal Code in its article 18, are the conduct of action or omission, unlawfulness, criminality and guilt, it is necessary to note that in order for a crime to be established, the existence of all the aforementioned elements is essential. Once the importance of the exhaustion of the constituent elements for the constitution of a crime has been understood, it will proceed to determine if the conduct of the subject in the case in question goes against the established legal system of our country and thus if it can be considered as a crime. It is here where each of the constituent elements will be analyzed, to determine the actions of the motorcyclist, taking into consideration that the act carried out by such was not a planned or intentional action, but rather, an involuntary act influenced by external factors. Thus, the idea is that such an act may not be considered a crime since one of the constituent elements for determining such is not being exhausted.