Discuz! Board

 找回密碼
 立即註冊
搜索
熱搜: 活動 交友 discuz
查看: 77|回復: 0
打印 上一主題 下一主題

What is meant by medial competition of crimes?

[複製鏈接]

1

主題

1

帖子

2

積分

新手上路

Rank: 1

積分
2
跳轉到指定樓層
樓主
發表於 2024-3-14 18:18:48 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式

The medial combination of crimes is one in which a crime becomes a necessary means for the commission of another crime, so an instrumental relationship can be established between them. The doctrine has come to consider it a type of real competition , to the extent that there is diversity in both the acts carried out and the crimes committed, with the difference of the need to commit one crime to carry out the other. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US When is there medial competition of crimes? It has been debated whether there must be a relationship of necessity or opportunity between both crimes , that is to say: whether the two crimes have to be objectively connected or is it enough that the subject has planned the events in such a way that to achieve their ultimate purpose He has to commit another crime first.

Well, jurisprudence has tended to understand that the relationship in medial competition has to be one of necessity , although sometimes cases in which there was no real need to commit a crime to carry out another have been classified as medial competition .However, as we say, the general criterion is that there must be a relationship of necessity. Therefore, it is not enough that the commission of a crime facilitates the commission of another crime, for example, or that it is more convenient to carry out another criminal act first; It is required that it really be a necessary act, taking into account DM Databases the specific circumstances of each case. Thus , for example , a medial combination of crimes would be committing a home invasion to kill a person, because if the victim is in that place, one must necessarily enter it to achieve the desired goal. But, if the perpetrator committed theft by using vehicles to reach the scene of the crime, this other crime would not enter into the medial competition, as it is not an act strictly necessary to achieve the criminal result (since it could have occurred to the site by other means.



What is the consequence of the medial competition of crimes? According to sections 1 and 3 of article 77 of the Penal Code, when several crimes are committed that constitute a medial competition, the consequence is that a penalty greater than that corresponding to the most serious infraction will be imposed, which may not exceed the sum of the penalties that would have corresponded separately for each crime. Besides: The judge will follow the rules of article 66 to individualize the sentence. The penalty imposed may not exceed the limits provided for the duration of sentences in article 76 . 1. The provisions of the two previous articles are not applicable in the event that a single act constitutes two or more crimes, or when one of them is a necessary means to commit the other In the second, a penalty greater than that which would have been imposed, in the specific case, for the most serious infraction will be imposed, and which may not exceed the sum of the specific penalties that would have been imposed separately by each of the offenders.
回復

使用道具 舉報

您需要登錄後才可以回帖 登錄 | 立即註冊

本版積分規則

Archiver|手機版|自動贊助|GameHost抗攻擊論壇  

GMT+8, 2025-3-17 02:00 , Processed in 0.274840 second(s), 13 queries , File On.

抗攻擊 by GameHost X3.3

© 2001-2017 Comsenz Inc.

快速回復 返回頂部 返回列表
一粒米 | 中興米 | 論壇美工 | 設計 抗ddos | 天堂私服 | ddos | ddos | 防ddos | 防禦ddos | 防ddos主機 | 天堂美工 | 設計 防ddos主機 | 抗ddos主機 | 抗ddos | 抗ddos主機 | 抗攻擊論壇 | 天堂自動贊助 | 免費論壇 | 天堂私服 | 天堂123 | 台南清潔 | 天堂 | 天堂私服 | 免費論壇申請 | 抗ddos | 虛擬主機 | 實體主機 | vps | 網域註冊 | 抗攻擊遊戲主機 | ddos |