NATURE AND FUNCTION OF THE PECUNIARY AMOUNTS INCLUDED IN SOME CRIME LEGAL DESCRIPTIONS

Authors

  • Pablo Sánchez-Ostiz Gutiérrez Universidad de Navarra

DOI:

https://doi.org/10.5944/rdpc.ENERO.2025.44148

Keywords:

Property crimes, criminal amounts, objective conditions of punishment, actus reus, mens rea

Abstract

Throughout Book II of the Spanish Penal Code mandates the verification of specific losses (equivalent to a certain monetary amount) as a prerequisite for criminal liability. This paper analyzes such requirements through grammatical, systematic, historical, and teleological interpretative methods. In some instances, it is suggested that these amounts be considered as elements of the crime (actus reus), while in other cases, they are viewed as objective conditions for the (effective application of) punishment. The distinction we propose lies in whether these amounts influence the deservingness of punishment for the conduct (elements of the crime/wrongdoing) or the necessity for punishment (objective conditions for punishment).

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Published

2025-06-18

How to Cite

Sánchez-Ostiz Gutiérrez, P. (2025). NATURE AND FUNCTION OF THE PECUNIARY AMOUNTS INCLUDED IN SOME CRIME LEGAL DESCRIPTIONS. Revista de Derecho Penal y Criminología, 33(ENERO), 213–250. https://doi.org/10.5944/rdpc.ENERO.2025.44148

Issue

Section

Derecho Penal

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