We explain what the elements of the crime are, how they are classified, how is the relationship between them and the characteristics of each one.
What are the elements of the crime?
According to the General Theory of crime, the elements of the crime or elements of the crime are the set of essential characteristics and components that constitute every crime. Through them it is possible to study it, through a structural decomposition.
These elements are not independent. In fact, they are taken into account in each specific case by the judges or the authorities in charge of issuing a criminal judgment.
There is no exact and universal consensus regarding what the elements of the crime are, since there are variations in this regard in the different jurisprudence of the countries. These are classified as positive or negative, depending on whether they lead, respectively, to the conviction or acquittal of the accused.
Broadly speaking, they are the following:
- Subjects of the crime. The persons or individuals involved in the commission of a crime, and that according to their role in it may be:
- Active subject. The natural person who commits the criminal offense.
- Passive subject. The person who suffers the crime, be it a personal person (natural person) or impersonal person (legal person or moral).
- The action of the crime. Every crime involves a voluntary act or omission carried out by an individual (actus reus), and that gives rise to the crime. Such actions must be intentional, voluntary and conscious, so that a sleepwalker, an insane person or an unconscious person is not guilty of the actions or omissions committed, nor is an epileptic of the spasms of his body.
- The typicity of the crime. It is called "typicity" to the adequacy of the action to the crimes typified in the law, that is, to the type of crime in question, what are its characteristics and prohibitive elements, etc. Ultimately, everything that is illegal must be covered by the law.
- The unlawfulness of the crime. When it speaks of "unlawfulness", it refers to the exact opposite of right: that an act is in essence contrary to the legal system current. Thus, crimes are unlawful acts, declared as such when compared with what is contemplated in the legal system of the nation. Unlawful events lack possible justification, since they violate a Legal standard explicit.
- The guilt of the crime. In this case, it is a psychological relationship of the perpetrator of the crime with respect to the act committed, according to four general forms of guilt or responsibility:
- Imprudence. Committing a crime by action, being able to do more to avoid it.
- Negligence. Committing a crime by inaction.
- Inappropriateness. Committing a crime due to lack of knowledge minimum necessary to do what was done.
- Non-observance of regulations. It occurs when known rules are violated (therefore, falling into recklessness) or when knowing that they exist regulations, they are unknown (falling, then, into negligence).
- Punishment of the crime. This element, much debated in certain legal orders, supposes the existence of a taxable penalty once the other elements of the crime for the case in question have been proven.