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Regulating negligence in German and in Spanish criminal law

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dc.contributor.authorGHIGHECI CRISTINEL
dc.date.accessioned2025-09-16T11:00:37Z
dc.date.issued2018-10-31
dc.description.abstractAbstract Although in German and in Spanish legal systems there are no express provisions with regard to the criminal negligence (culpa), this has not hindered the legal doctrine and jurisprudence to thoroughly analyse this form of guilt. This made it possible to qualify as intentional offences some deeds which in our legal system are considered to be committed with conscious negligence (involving foresight). The difficulty to distinguish between indirect intention (dolus eventualis) and conscious negligence (luxuria) has nonetheless determined Spanish courts to ask the legislator to provide a clear definition of indirect intention, which could be an additional argument with respect to the weaknesses entailed by such a legal approach. Keywords: criminal negligence, indirect intention, German legal system, Spanish legal system. JEL Classification: K14
dc.identifier.citationCristinel Ghigheci, Regulating negligence in German and in Spanish criminal law, Juridical Tribune, Volume 9, Special Issue, October 2018, 39-47.
dc.identifier.issn3008-637X
dc.identifier.urihttps://repository.unitbv.ro/handle/123456789/1338
dc.language.isoen
dc.publisherJuridical Tribune
dc.relation.ispartofseriesVolume 9, Special Issue, October 2018
dc.titleRegulating negligence in German and in Spanish criminal law
dc.typeArticle
dspace.entity.typePublication

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