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Regulating negligence in German and in Spanish criminal law

Author

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  • Cristinel Ghigheci

    (Transilvania University of Brasov, Judge of the Brasov Court of Appeal)

Abstract

Although in German and in Spanish legal systems there are no express provisions with regard to the criminal negligence (culpa), this has not hindered the legal doctrine and jurisprudence to thoroughly analyse this form of guilt. This made it possible to qualify as intentional offences some deeds which in our legal system are considered to be committed with conscious negligence (involving foresight). The difficulty to distinguish between indirect intention (dolus eventualis) and conscious negligence (luxuria) has nonetheless determined Spanish courts to ask the legislator to provide a clear definition of indirect intention, which could be an additional argument with respect to the weaknesses entailed by such a legal approach.

Suggested Citation

  • Cristinel Ghigheci, 2018. "Regulating negligence in German and in Spanish criminal law," Juridical Tribune (Tribuna Juridica), Bucharest Academy of Economic Studies, Law Department, vol. 8(Special), pages 39-47, October.
  • Handle: RePEc:asr:journl:v:8:y:2018:i:special:p:39-47
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    File URL: http://www.tribunajuridica.eu/arhiva/An8vS/4.%20Cristinel%20Ghigheci.pdf
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    References listed on IDEAS

    as
    1. Aurel Octavian Pasat, 2018. "Customs offenses according to the legislation of the Republic of Moldova and Romania," Books, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), edition 1, number 5, March.
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      Keywords

      criminal negligence; indirect intention; German legal system; Spanish legal system.;
      All these keywords.

      JEL classification:

      • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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