Concept in Definition ABC
Miscellanea / / July 04, 2021
By Florencia Ucha, in Mar. 2011
Will be called unimpeachable to that individual who is exempted from responsibility criminal, that is, it may not be punished under any point of view by the legislation in force, for not being able to understand the illegality of a punishable act committed.
Person who cannot be criminally charged for any criminal act as a consequence of not being able to understand the illegality of the same
Normally, those people who suffer from any disease mental retardation, minors, among other alternatives.
Meanwhile, the accountability is the set of circumstances foreseen by the law, which allow establishing a cause and effect relationship between a criminal event and the subject to whom it is considered responsible for it, therefore, the absence of the aforementioned circumstances will determine a scenario of unimputability, even though Despite having proven the criminal act and the authorship on the part of the unimputable, he will not be considered criminally responsible for the same.
Mental insanity, self-defense and minority, the most frequent causes
For example, when a person who suffers from some type of mental illness commits a crime, such as murder, once justice has proven her situation reliably, it is most likely that in the legal sentence she is declared unimpeachable for not being able to understand that what he has committed is a murder and therefore will be sent to a hospital or psychiatric clinic for admission, because although she cannot be sent to a jail, she cannot stay in Liberty, since he is a dangerous person for himself and also for the environment that surrounds him.
In this way, he is guaranteed to be treated and isolated from the rest of society so that he cannot cause more serious problems.
On the other hand, another of the issues that attenuates or diminishes the unimputability of a certain person is their age, so for example if we have a child of only 7 years old who murdered To a person, surely, this circumstance will be taken into account in the assessment of the case, that it is a minor, who may not have a full knowledge of what he has done.
And by case, he will not be tried, much less sentenced to prison, even if the act that he has committed is very serious as it is a murder.
In some laws, the parents of kids Those who commit illicit crimes are the criminally responsible, that is, those who must assume guilt in the appropriate case.
Depending on the cases, minors who commit criminal acts are confined in special institutes for their rehabilitation.
And in another vein, when a person acts especially moved by the need to save his own life, that is, he murders To his aggressor, also, such question will be addressed as a mitigating factor when evaluating whether or not he is responsible for the fact. criminal.
In other words, if someone murdered another within the framework of what is known as personal defense, surely the law will decide to exempt them from all guilt and charges and they will not be imprisoned and will not receive sentence, in cases that of course it is reliably proven that he acted in legitimate defense, to save his own life and that of his environment, which was certainly threatened by a offender.
These cases have become a common occurrence in many societies, especially in those in which common crime and crime have grown. unsafety.
Ordinary citizens, to protect themselves against the wave of insecurity that live, buy weapons, become legitimate users, and so it is common to hear in the media. communication that some of these people used that weapon in defense of their lives when they were victims of a robbery.
Voices for and against the use of weapons by citizens
Around this issue of the use of weapons there are many controversies and obviously voices in favor of and against it.
Those who are against argue that allowing access to weapons to anyone will not only increase crime but also that it can generate a value for everything in the society in question, where all confrontation is settled with the weapons.
While those who defend the position argue that no one can take away their right to legitimately defend against attack.
Topics in Unimputable