Bibliographic citations
Alvarez, I., (2021). Análisis del elemento daño para la configuración de la reparación civil en el delito de tenencia ilegal de armas de fuego [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5172
Alvarez, I., Análisis del elemento daño para la configuración de la reparación civil en el delito de tenencia ilegal de armas de fuego []. PE: Universidad Andina del Cusco; 2021. https://hdl.handle.net/20.500.12557/5172
@misc{renati/19248,
title = "Análisis del elemento daño para la configuración de la reparación civil en el delito de tenencia ilegal de armas de fuego",
author = "Alvarez Betancurt, Irvin Ederson",
publisher = "Universidad Andina del Cusco",
year = "2021"
}
The investigation, “Analysis of the damage element for the configuration of civil reparation in the crime of illegal possession of a firearm”, is a basic, dogmatic, descriptive investigation; The purpose of this is to determine the configuration of the damage element in order to attribute civil liability to the person who commits the crime of illegal possession of a firearm, regulated in Art. 279-G, of the Peruvian Penal Code. The problem of the present research work lies in the configuration of the responsibility that arises from the commission of the crime of illegal possession of firearms; Since, currently arbitrarily and without motives, the payment of civil compensation for the commission of the crime of illegal possession of a firearm has been imposed together with the penalty, which raises doubts, for two reasons, the first because It is a crime of abstract danger, (for its configuration as a crime it does not require having caused any damage to the protected legal asset), the second because the protected legal asset is an abstract collective entity -public security-; Therefore, if it is not possible to prove the existence of damage, then civil compensation could not be configured, because its configuration requires the concurrence of all its configurative elements, such as the illegality or unlawfulness of the conduct, the damage caused , the causal link, and the attribution factor. Therefore, to obtain better results, we identify the following as the objectives of this research work: Analyze the element of damage, and its occurrence at the time of setting up civil reparation when the crime of illegal possession of a firearm is committed; as well as determining what type of compensable damage the commission of the crime of illegal possession of firearms causes to the legal good; determine if the configuration of civil liability is possible, when the element called damage is not present; determine if civil liability is established for the commission of the crime of illegal possession of a firearm. Reaching the following conclusions: That the commission of the crime of illegal possession of a firearm does not generate any type of damage that deserves to be compensated; since, by its very nature, it is a crime of abstract danger, a crime in which, for its configuration, criminal law does not require that the agent has caused damage to the protected legal asset. and since there is no damage in the commission of the crime, there would be no obligation to compensate for damage that was not caused, because there would be nothing to repair. Consequently, there is no type of damage (patrimonial or extra-patrimonial) that deserves to be compensated, because the crime of illegal possession of a firearm is not a crime of injury, but is a crime of danger that its commission does not generate any type of damage to the legal good. Civil liability cannot be configured, when the damage element does not occur, since its configuration requires the copulative concurrence of its configurative elements, these are: unlawfulness (verification of the conduct to determine if it would comply with the norm ), the damage (any injury to a legally protected interest, whether it is a patrimonial or extra patrimonial right), the causal link (criterion of connection between the conduct carried out by the cause of the damage and the damage), factor of attribution (are those factors that determine the existence of civil liability such as fraud and fault). In summary, civil liability should not be imputed for the sole possession of a firearm, but criminal responsibility should be imputed for the crime of illegal possession of firearms.
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