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Dolo in Crime Frustrated. Practical Application for lawyers. SUBJECT Criminal Law I: Mag Falla Miguel Rosado. : Edquén Bustamante, Juan José: IV: "A" TEACHER STUDENT CYCLE STUDY GROUP Chicago, December 2005 -1 DEDICATION I dedicate this work to my parents that we encourage your support to continue to fulfill our goals. I -2 THANKS I express my deep appreciation to everyone who supported me to achieve more done this work, in addition to the course instructor of Criminal Law, Mag Falla Migu el Rosado, and he has provided the necessary assistance to successfully complete this project. The Author. II -3 INTRODUCTION This project aims to provide a more accurate approximation with respect to the c oncepts of Crime Dolo in frustration, that is, when the author has done all acts according to his plan should occur as a result the crime. Also determine the ca ses presented in the Judiciary regarding the same, examining their characteristi cs, elements, situations and conditions under which the Plan. Therefore, the res earcher believes it convenient to cast their studies in the understanding and an alysis of intent within the frustrated crime interfered or attempted finished, i e when the author has done all acts, according to their plan, they must produce results in the crime, considering opted conduct contrary to what the law demands the force of law. Before concluding, I should point out that the work is the re sult of the effort and dedication of the author, also thanks to the advice of th e teacher of criminal law Rosado Miguel Falla. -4 CONTENTS III Page
DEDICATION ................................................. ................... ............................... ............... I THANK ........................ ........................ .................................................. INTR ODUCTION ......................................... ....... II .................. ................................ ................... III CHAPTER I Introduction • • • • Statement of the Problem. ... ... ... ... ... ... ... ... ... ... ... ... ... .. . ... ... ... ... ... ... ... ... August 9 Problem Formulation ... ... ... ... . .. ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... ... ... 9 De scription of the Research Problem ... ... ... ... ... ... .. ... ... ... ... .. ... ... ... ... ... ... 9 Rationale and Importance of Research ... ... ... ... . .. ... ... ... .... ... ... ... ... ... ... September 9 Objectives ... ... ... . .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . .. ... ... ... ... ... ... • • • General Purpose. Specific Objectives. CHAPTER II Framework 11 Background Research ... ... ... ... ... ... ... ... ... ... ... ... ... ... . . ... ... ... ... ... .... -513 • • Formulating Hypothesis .. ... ... ... ... ... .. ... ... ... ... ... nt Variable. Dependent ... ... ... ... ... ... ... ... ... ... ... ... ... ... . ... ... .. 13 Identifying Variables ... ... ... ... ... . ... ... ... ... ... ... ... ... ... ... ... ... • • Independe Variables.
CHAPTER III Setting Variables in the Theoretical and Scientific Bases • • • • Total Concept of Crime ... ... ... ... ... ... ... ... ... ... ... ... ... ... . .. ... ... ... ... ... .... 14 15 Dolo ... ... ... ... ... ... ... ... ... ... . .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 16 T entative ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 16 Methods of Implementation Imperfecta .. . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Tentative Compl eted. Unfinished attempt. • • • • • Frustrated and Attempted Crime Completed ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 17 The distinction between just and Unfinished Atte mpt ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18 18 Elements of Attempted ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... ... ... ... ... ... ... ... 19 requirements in Tentative Withdrawal Complet ed ... ... ... ... ... ... ... ... ... ... .. Do not Try and hold an event Unfin ished intentional consumption, but there needs to be Try ?...................... ...... Completed ......................... 20 24 -623 CONCLUSIONS ... ................................................ ............... ................................... ...... BIBLIOGRAPHY ........................ ......................... .................................................. ... ........ GENERAL INFORMATION: TITLE OF RESEARCH PROJECT. The Dolo in Crime Frustrated. Practical Application f or Defense Lawyers in Chiclayo. PERSONAL RESEARCH. Author. Edquén Bustamante, Juan José. Advisor. Mag Falla Miguel Rosado. RESEARCH CENTER.Universidad Católica Santo T oribio de Mogrovejo and Judiciary of Chiclayo. TYPE OF RESEARCH ACCORDING TO the purpose. Descriptive and analytical. DEPARTMENT. Lambayeque. ESTIMATED DURATION OF THE PROJECT. Two (2) months. TOTAL VALUE OF PROJECT: S /. 112.30 -7 STARTING DATE: Monday October 17, 2005. -8 CHAPTER I OVERVIEW In this chapter we will discuss the approach and the formulation of the problem and also indicate the rationale and importance that this research offers both fr om an individual standpoint as a social collective, we also consider the views o f different authors, according to its speculations help us further develop the r eport. • PROBLEM. He believes it convenient to envision their studies on knowledge and analysis of crime frustrated or, in other words, the attempt finished, ie w hen the author has done all acts according to his plan should occur as a result crime, -9 also determine an alternative take lawyers deal with cases in which the author a cted with intent before the crime is consummated. • FORMULATION OF THE PROBLEM. What alternatives take lawyers to intervene in cases where the agent has acted with criminal intent in an attempt finished before his criminal case p lan is consummated? • DESCRIPTION OF THE RESEARCH PROBLEM. The fraud consists of a cognitive aspect th at favors the arrest of the act, their knowledge, and a volitional aspect that moves the execution to the subject will do. Both elements of intent provided the mirror image of the target rate. It is important to mention that knowledge as an element of intent must be real a nd actual, not expected to be sufficient understanding, knowledge that is presen t when the agent knows that an act will affect the legal right.
• RATIONALE AND IMPORTANCE OF THE RESEARCH. It is very important to analyze the is sue of fraud in the attempt unfinished or as a said, the offense frustrated by being part of great importance in the Criminal L aw by the fact that it is a subject of a criminal nature, often escapes to in-de pth by criminologists having no real idea of the value of this item required, si nce it is contained perhaps the planned start of the perpetrator. In addition, I consider it a great help, because we will be strengthened to further study or f or which we are conducting, separating the various concepts and ramblings that m ay arise. • OBJECTIVES - 10 • General Purpose. • Know when an agent has acted with criminal intent to establish the offense frustrated. • Specific Objectives. • • • Distinguish general and specific notions concerning complet ed attempt (frustrated offense) and try unfinished (simple approach). Analyze wh at is the degree of intent with which the agent acts of crime to achieve its mis sion. Find out what and how is the practice by lawyers when there are cases invo lving the consummation of a crime for acting with malice in the attempt. - 11 CHAPTER II FRAME OF REFERENCE In this chapter we note the close relationship between theory and reality and th e research process. For this detail a series of books, journals and thesis (hist ory and theoretical foundations) taken from different perspectives and contexts, we detail the precise theoretical nature of the project. Also defines the terms and variables that have been used in the project, and the hypothesis, as it is of vital importance for the orientation of the research undertaken. BACKGROUND O F THE RESEARCH. - 12 In the case of the theoretical foundation and history of this project, I have lo cated sources, I will help clarify the concepts and conditions for the realizati on of this item. In the work of Javier Villa Stein (1998), highlights various co ncepts related to the fraud, the actor brings purpose and act as mood, so he und erstands or knows what he does and he wants the starring act. In this subjective psychological state-type in the area called Dolo, and may include even "a basel ine condition." Besides the objective aspect of such information, "she says defe nsively if there has been a behavior from the external perspective, for all inte ntional requires certain minimum requirements in external behavior and that are common to any type of lens. Furthermore Francisco Muñoz Conde in his "General Theo ry of Crime" (2001) points out basics about the crime.She says: "There are featur es that are common to all crimes and others for which the criminal types differ
from each other [...], each offense has different characteristics and are assign ed, in principle, penalties of varying severity." The author states that the the ory of crime is concerned with the common features that should have any fact to be considered a crime. For its part maintains Roxin Claus, about the attempt, th at the willful rejection of a constitution, when the result has been unleashed o n the stage of the attempt finished, it also follows from considerations 'normológ icas'. Bramont-Arias in his Manual de Derecho Penal, Parte General (2000) confir ms that there are cases where it is extremely difficult to distinguish in which of course we are, or attempt finished or unfinished attempt [...] after the auth or's plan to investigate the , to check how far the attack, questions remain abo ut the nature of the attempt finished or unfinished, it being necessary to go to dubio pro reo principle to achieve an adequate and equitable assessment of the penalty. In a global context, the Encarta encyclopedia to Dolo conceptualized as one that typifies the awareness and willingness to commit a crime. In the crimi nal codes are used synonymous expressions such as 'malice', 'intend', 'purpose', among others. As - 13 Naturally, the penalties are assigned the crimes committed with malice are more serious, since it is the element that represents the most serious form of guilt. The aforementioned is called malice. • formulation of the hypothesis. Special dif ficulties produce cases in which the author at the time of preparing the executi on of their duties know the possibility of continuing their action, yet may or m ay not do so. As mentioned, the frustrated crime is a case of attempt because th ere is no consummation, that is, when the author makes all acts of execution whi ch should produce results in the crime and yet, do not occur for reasons indepen dent of the will of the agent. Also, it is an attempt when the fraud is not addr essed to the consummation. • IDENTIFICATION OF VARIABLES. • Independent Variable. • • Do lo. Dependent Variables: • • • • • Tentative. Crime. Agent. Crime frustrated (Tentative finish ed). Simple attempt (Attempt unfinished). - 14 CHAPTER III DEFINITION OF VARIABLES IN THE SCIENTIFIC-THEORETICAL BASES • The whole concept of Crime. The basic ideas of a legal theory of crime are in a traditional opposition: the crime is "a breach of ethical and social duty" or, from a contrary view, the "in jury or endangerment of a legal right" , ie it is a breach of ethical and social duty or injury of a social interest. Both systems generate basic ideas of the t heory of the crime of different content in their particular elements. - 15 The system supported a breach of ethical and social duty outweighs the fact the author and the author's freedom is the basis for legitimating their responsibili ty. The whole concept of crime basically sums, then, an idea on what should cons titute the starting point of the legal theory of the crime. In this concept cond enses what is meant by repression or worthy of punishment deserved. This is an i dea that is closely related to the theory of punishment and that, in turn, opera tes within the theory of crime as the main axiom misma1. The concept of crime as conduct punishable by law with a penalty is, however, a formal concept that say s nothing about the elements that such conduct should be punished by law with a
pena2. You may first analyze some concepts about fraud, crime and attempted, and then design concepts that will help us more easily to understand the theme of f rustrated or attempted offense finished. • The Dolo. The current Penal Code does not have a direct definition of intent in March. The intent is characterized by the knowledge of objective-type items, ie the elemen ts that characterize the action as a generator of a legally disapproved danger t hat affects a certain object protegido4 concrete. It consists of a cognitive asp ect that favors the arrest of the act, knowledge, and an aspect that drives the implementation autoexhortativo wanting to do the subject. Both elements of inten t provided "the mirror image of the target rate." The malice and fraud eventuall y mean a simpler and a reduction of the complex mental processes that occur in t he mind of the subject in relation to the objective elements of the type. To act willfully,the subject of the action must know what you are doing and know the el ements that characterize its action as typical action. Knowledge requires a know ledge of the fraud is present, does not suffice merely a potential, ie the subje ct has to know 1 BACIGALUPO, Henry, Criminal Law Handbook: Editorial - Santa Fe de Bogota, Colomb ia, 1998, p. 69. 2 MUÑOZ CONDE, Francisco, General Theory of Crime: 2nd Edition, T hemis, Bogota, Colombia, 2001, page 2 3 Unlike the Criminal Code of 1924 that if they defended in Article 81 in its second paragraph. 4 BACIGALUPO, Henry, Gener al Criminal Law: ARA Editores, Lima-Peru, 2004, pp. 307 - 16 what you do, not enough that should have or could know, this does not mean that the subject should have an accurate knowledge of each particular element type or purpose. The traditional definition of fraud that required for this, besides th e representation or knowledge of the conduct of the type (cognitive element), al so an element of will (the will) has been questioned in the most modern dogmatic . The cognitive element of intent must be given at the time of the commission of the act and requires a current knowledge, that is present. The intent requires that the perpetrator was aware of the unlawfulness. This emerges clearly from th e art itself. CP 14, which states that the author has done without knowing the w rongfulness of the act is punishable for the offense fraudulent (admittedly) 5. • The Tentative. "In the attempt the agent begins execution of a crime, he decided to commit, wit hout consummating. Judge stifle attempts prudently decline the penalty "6. • Metho ds of Making Imperfecta. There are three most used methods attempted in the literature: Unfinished Tentat ive attempts imperfectus -. .- It's called simple and pure or purely tentative, because the active subject fails to perform any acts that would have been necess ary to the purpose of ruining the good jurídico7. Completed or attempted offense f rustrated attempt perfect, exhausted or failed crime and includes the case of "w ho according to his personal plan has done all acts necessary apparatus to consu me the crime, missing the result" 8. It doctrine in that discernment between a s ituation of finished and unfinished attempt is entirely subjective as everything depends on the plan of the author. 5 June 7 8 Sec Art. 14 Para. CP. Article 16 VILLA STEIN, Javier, Criminal Law - General Par t, Publisher: San Marcos, Peru, 1998, pp. 300-301. Ibid. - 17 -
After making the distinction between finished and unfinished attempt, we can not fail to mention that there are cases where it is extremely difficult to disting uish in which of course we are. In this sense the distinction is not easy in sce narios in which, after investigating the plan's author, to verify to the best of the attack, to make an assessment from the viewpoint of the legal interests thr eatened or injured, questions remain regarding the character and finishing unfin ished intento9. The Peruvian Penal Code of 1991, the argument ignores the offens e frustrated, and both finished or unfinished attempt to treat it as one, simply attempt. • Frustrated and Attempted Crime Finished. The frustrated offense occurs when a person performs all actions aimed at implem enting the outcome unlawful production, but through no fault of their own is not carried out. When actually called an external cause to suspend the commission o f the crime, talking about their own frustration, and when the outcome is not po ssible even with the implementation of all appropriate actions by a radical impo ssibility (the absence of legally protected, v. gr.), this constitutes the crime impossible. It is, in any case punishable. Frustration is an intermediate stage between attempt and completion. It is more serious than the attempt (initiated execution of a crime, not continued for reasons other than voluntary withdrawal of the agent), but less severe than the consummation (complete realization of th e crime). Thus the authors of a frustrated crime is imposed the penalty next low er in degree to the set for the offense. In the frustrated crime must not only b e all acts that contravene the prohibition content embodies the statutory rate, but also all those conforming to the situational context that he describes are n ecessary for the consummation of the offense. In other words, the act is given d isvalue completely, there is no possibility to cancel, the only thing missing is the consummation according to the type of crime involved. Within frustrated or attempted crime may occur finished the figure of repentance or active withdrawal , which can avoid the penalty, if that is not 9 BRAMOT - TORRES ARIAS, Luis, Manual of Criminal Law - General Part, Publisher: S anta Rosa, Lima-Peru, 2000, p. 280-281. - 18 produced earlier acts are crimes in itself. That is, crime is not punished frust rated when there has been no outcome disvalue by agente10 voluntary intervention . There are several ways of interpreting the frustrated crime: 1. According to c ase law, the judges, "arises when the offense was not consummated due to the int ervention of third parties. For example: José Luís has planned to kill, but is stopp ed by Alberto when he went to shoot. 2. According to the doctrine exists when th e subject performs all acts necessary for the consummation, and also requires th e participation of a third party that would lead the offense, which does not. Fo r example: Pedro Martha wants to kill with poison during the tea, pours poison i n the rate of Martha and hopes to serve him but the maid, the maid is wrong and serves tea to Hector, a guest house . We report a crime in relation to Martha fr ustrated and a homicide about Héctor11. • The distinction between just and Unfinishe d Attempt. The doctrine almost unanimously understood that repentance is a precondition of criminal liability in cases not attempted finished (crime frustrated). The imple mentation of either rule presupposes, therefore, the distinction between finishe d and unfinished attempt. From this point of view the attempt unfinished when th e author has not yet run everything according to plan, it is necessary to produc e the result and from an objective point of view there is no danger that it take s place. The attempt, however, will be finished when the author during the execu tion, at least in intent, to judge that the achievement and may occur without fu rther activity on his part. •
October 1911 Elements of the attempt. Section 18 CP. BRAMOT - ARIAS TORRES, Luis ... ob.cit., Pp. 281-282 - 19 The attempt is characterized by the absence of any element of objective type, so type it subjective (intent, subjective elements, etc.) Remains identical to the consummation. The distinction between crime and the attempt to consummate is th at the latter type is not completely objective, despite of being the target rate . Accordingly, these elements of the type of attempt: the intent of the author ( and the other elements of subjective type) and the beginning of implementation o f the typical action (objective type). There is only attempt of the criminal off ense. If enough for the consummation of the intent, it will be for the tentativa 12. • Requirements on the Tentative Completed Waiver. In the attempt finished, or when the author has done all acts according to his p lan should result in the consummation, abandonment requires a further requiremen t: that the author set aside by the means at its disposal the production of the result. Given the fact if the attempt finished, there is no other possibility fo r the materialization of the withdrawal to prevent the production of the result: the condition comes and regulada13 of matter itself. Also, this withdrawal must be voluntary, in this respect general norms for the unfinished attempt. This re quirement, contained in the law, emerges an obvious limitation: there can be onl y voluntary withdrawal until the event is discovered, from that moment there can be voluntary on the withdrawal. However, the voluntariness only be excluded by the knowledge that the author assumes it was discovered the withdrawal is not vo luntary. On the contrary, it is not known yet discovered may withdraw voluntaril y. Have been required-even without attempting to distinguish between finished an d unfinished, the author also has prevented the outcome. The SC regulates the wa iver in Article 18. The previous text of the Code (art. 3) was unclear, since al though the theory and jurisprudence is not well understood, could be understood 12 13 BACIGALUPO, Enrique ... Ob. Cit. pp. 446 Ibid. - 20 that the withdrawal only exclude the criminality of the attempt, but not the fru strated crime. • Do not Try and hold an event Unfinished intentional consumption, but there needs to be Attempted Completed? 14 former thesis is that before the a ttempt finished yet there would be no intent of consummation. The risk of being punished for consummation should only be imposed against a perpetrator who maint ained that the fraud and guilt until the full implementation of its plan of fact and thus, until the completion of his attempt. So the reason to deny the penalt y for consummation when the result erupted early in the stage of the attempt wou ld be that the author, according to his representation,does not create even a thr eatening situation which can develop independently the typical result. Therefore , the unfinished attempt would be a crime to be defective, a simple piece of fra ud in connection with the attempt finished, an initial fraud or attempted fraud, which should be distinguished from intent to consummate that just appears with the completion of attempt It also attempts to enforce the terms of the law so th at the fraud was sufficient for the consummation of this recently with the attem pt finished. The willful refusal to consummate when the result has triggered the attempt finished stadium is also evident from considerations framed within the rules. So it is possible to build a distinction between fraud and attempted frau
d of consummation, as well as support a fraud unit to be typical realization fro m the beginning to the end of the attempt, and for which an early onset of the r esult appears as a deviation causal . Under normative viewpoints, it seems that the central issue is whether between attempt and finished finished a difference of injustice and guilt that necessarily leads to the consequences posited by opp onents of the dominant opinion. This should be rejected for different reasons. 14 CLAUS, Roxin, Current Problems of Criminal Dogmatic: Ara Editores, Lima - Peru, 2004, p. 78 - 21 First, it has certainly become much less one who has not 'put up' til the attemp t finished. But the typical realization, after all, has emerged as an attempt ob jectively attributable unfinished. But the typical realization, after all, has e merged as an attempt objectively attributable unfinished contains the danger of reaching the result. In most attempts to measure just the last part of executive action (take the good you want to steal, stab with a knife) can bring to the re sult. But if the attempt finished contains the danger of the result, and only th ose cases it is-then the unfinished attempt has another quality. The following a rguments are also supported by the fact that the legislature is attempting equal ly unfinished and finished. He is not obliged to. If it be said that the unfinis hed attempt was based on a completely different intent and less important than t he attempt finished, it should provide for a mandatory penalty mitigation couple the first case, as also required by some proponents of the theory of fraud on c onsummation. Secondly, seeing things with more depth, nor convinces the idea tha t only worthwhile consummation who "has maintained the intent and guilt 'til the end of the attempt. You must also think that the attempt finished, often still require a 'hold'. Whoever, with intent to kill, gives his victim a poison that d evelops new effects within three months and can be neutralized with an antidote at any time (even under the doctrine of intent for the consummation of which wou ld undoubtedly intent) , the author has to maintain its de facto resolution stil l three meses15. Third, no one can say that the attempt even finished is always more dangerous than unfinished or expressing more criminal energy, the case of a ir injection provides a good example of the abuse made in the fatal stage of unf inished attempt were far more dangerous. Whoever, with the outbreak early stage results in the attempt is made other than risk represented only applies when est ablished 15 CLAUS, Roxin ... Ob. Cit., P. 85 - 22 a qualitative difference between unfinished and finished attempt which is not ju stified normatively. Following the views expressed here, should be the period be tween the beginning and end of the attempt as a risk only under a proper executi on of the plan, the results justify an objection to the intent. From this it is true that in the event of a natural unity of action between abrupt rising and pr essing the trigger or between many consecutive hits, is not particularly realist ic or appropriate regulatory separation between fraud and attempted fraud of con summation. But when the author, instead of killing his victim, as expected, with the fifth portion of poison and do the fourth, governing all the reasons that h ave been asserted here to support a willful accomplished fact. - 23 CONCLUSIONS
• There is crime frustrated when someone has done, with the purpose of committing a crime, everything that is necessary to consummate and yet, not been successful in circumstances beyond his control. • The distinction between finished and unfinished attempt is irrelevant for purpos es of determining whether a case has been withdrawn. Both types of attempt shoul d be differentiated according to a subjective criterion. • The intent requires that the perpetrator was aware of the unlawfulness, it clear ly emerges from the art itself. CP 14, which states that the author has done wit hout knowing the wrongfulness of the act, is punishable by the penalty for inten tional crime • The penalties are assigned to crimes are more serious intent because, as it is t he element that represents the most serious form of guilt. - 24 ANNEXES - 25 INTERVIEW I. Presentation. The author of this report, a student at Catholic University of San to Toribio de Mogrovejo, career in law, has set itself the objective to determin e the level of criminal knowledge and application regarding the issue of "The Cr ime Frustrated in Dolo. To which I request your cooperation, hoping that the dat a obtained will be used for purely academic. II. Instructions. a. Read each item carefully and respond honestly. b. Use pen and w rite in block letters legislate. c. Be sure to answer all the questions. Interviewee: ___________________________________________________________________ __ Title Date Place: ___________________________________________________________ __________ Time: ____________________________ _________________________________: _____________________________________________________________________ 1. Do you know that crime is attempted or frustrated finished? Yes No (Proceed t o question No. 2) (Proceed to question No. 3) 2. Can you define it? 3. How do you mean by "fraud in a frustrated crime? - 26 4. Have you ever you have sponsored cases or proceedings in which the agent has
incurred or author fraud before the crime is considered as accomplished? Yes No (Proceed to questio n No. 5 and 6) (Proceed to question No. 7) 5. How do you defend your sponsored deal with that situation? 6. In those cases resulted Is sometimes the figure of repentance or withdrawal before the consummation of the crime occur? Yes No (Proceed to question No. 7) ( Proceed to question No. 8 or 9) 7. What kind of penalty was imposed on the accused if the crime was to occur? 8. What types of cases are those that occur most frequently where the agent acte d with wrongful intent before committing a crime? 9. Are you agree with the attempt to punish crimes finished or frustrated? - 27 RESULTS AT THE INTERVIEW. GRAPHICS. GRAPH N º 01 lawyers interviewed with or without the knowledge of Frustrated Crime 6 6 5 4 3 2 1 0 Interviewed 0 If you know do not know As the table shows, 100% of the attorneys interviewed are aware of Crime, or Ten tative Completed Frustrated also each gave a definition about it. GRAPH N º 02 lawyers who have defended cases in Crime Frustrated Dolo 4 4 3.5 3 2.5 2 1.5 1 0.5 0 Interviewed 2 If Not Funded Funded - 28 In this table we can appreciate the amount of fraud cases in an attempt finished their client, depending on how many lawyers interviewed. GRAPH N º 03 cases handled by lawyers who have been given the withdrawal. No, two If, 4 Interviews In this figure is seen the number of cases that lawyers who have defended before the plan is consummated crime, it has produced the figure of the withdrawal or repentance. GRAPH N º 04 most frequent cases in which they acted with malice in the crime frus trated. 3 Attempted Aggravated Robbery Homicide Injuries February 1 0 0.5
1 1.5 2 2.5 3 3.5 Interviews - 29 In this table we can see that the cases in which, more often occurs intent befor e a crime is consummated, are usually aggravated robbery, attempted homicide and injury. CHALLENGES AND CONCLUSIONS REGARDING THE INTERVIEWS. • DIFFICULTIES. The research, with reference to the interviews, went through some difficulties l isted below: There were drawbacks to conduct interviews by the fact that some cr iminal lawyers were too busy, unable to gain the basic information to have great er knowledge about the subject. Some lawyers did not agree to respond to questio ns. However others, accepted the interviews but on the condition of leave to ans wer personally, this did reduce the time necessary to make the tabulations. Low bibliography on the subject, and if he had he was too implicit. • CONCLUSIONS. In interviews with lawyers in the Judicial Branch of Chiclayo, I have come to de fine the following conclusions: • Most of the lawyers, usually in the criminal field, they know what is a crime frustrated or attempted finished. They all converge in a frustrated offense that is a way of circumventing the intercriminis, which occurs when the agent, meani ng - 30 offense to start the meeting all the preparatory acts, not run by foreign or ext ernal circumstances or by choice impossible the execution of the crime. • With regard to the intent of the crime frustrated maintain that: the configurati on is therefore cognitive and volitional (conscious and will) of intentionality that is the subj ect to commit the offense or unlawful act. • The involvement of lawyers deal with cases in which his client to act fraud before the consummation of a crime, is coming first describing the element s of attempt both subjective (ideation, preparatory acts) and targets (onset of action), then the limit must exist for the consummation of the illegal act .
• When there are cases where the agent uses the figure of repentance or withdrawal, or welcomes the sincere confession (which looked very few), the agen t imposing a sentence below the statutory minimum unless there is total consumma tion of the crime where the penalty depends on the type criminal who has committ ed. There are few processes that show the figure of repentance or withdrawal. • Cases in which most often occurs in the fraud offense frustrated are in the aggravated robbery, injury, and generally in the attempted murder. - 31 REFERENCES BACIGALUPO, Henry, General Criminal Law: ARA Editores, Lima-Peru, 2004. CHERRY M IR, Joseph, Fundamental Issues of Criminal Law: Rubinzal - Culzoni Editores, Bue nos Aires, Argentina, 2002. VILLA STEIN, Javier, Criminal Law - General Part: Ed itorial San Marcos, Peru, 1998 BRAMOT-ARIAS TORRES, Luis, Manual of Criminal Law - General Part: Editorial Santa Rosa, Lima-Peru, 2000. CLAUS, Roxin, Current Pr oblems of Criminal Dogmatic: Ara Editores, Lima-Peru, 2004. - 32 BACIGALUPO Z., Henry, Criminal Law Handbook: Editorial Themis, Santa Fe de Bogot a, Colombia, 1998. MUÑOZ CONDE, Francisco, General Theory of Crime, Editorial Them is, BogotáColombia, 2001. 2nd Edition. - 33 -