Legal Asset and Penal Ban in the Crime of Neglect of Duty of Assistance

  • Miguel Bustos Rubio Investigador de Doctorado en Derecho Penal Universidad Complutense de Madrid
DOI: https://doi.org/10.5209/rev_FORO.2012.v15.n2.41490
Keywords: Penal Law, neglect of duty, neglect of duty of assistance, legal asset, solidarity, safety, proportionality, penal ban, equality, ban.

Abstract

The crime of neglect of duty of assistance as it appears in the current article 195 of the Penal Code is one of the most traditional figures of Spanish Penal Law and it has long raised doctrinal controversy regarding the legal asset to be protected. Ranging from human solidarity to individual assets such as life or physical integrity or people’s safety we will arrange in this article an outline of the main clearly positioned doctrinal opinions regarding this subject, which takes us to the next debate: is it correct to apply the sentence seen in the current article 195 of the Penal Code? From an approach respectful with the principle of proportion/ proportionality and equality as well as in systematic comparison to other articles from the same code, we can support a position of lege ferenda based on grading such crime’s sentences, depending on the particular legal asset affected.

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Published
2013-03-07
How to Cite
Bustos Rubio M. (2013). Legal Asset and Penal Ban in the Crime of Neglect of Duty of Assistance. FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época, 15(2), 157-183. https://doi.org/10.5209/rev_FORO.2012.v15.n2.41490
Issue
Vol. 15 No. 2 (2012)
Section
Researches

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