Lineamientos sobre la antijuridicidad en los delitos contra la colectividad e imputación objetiva

Abstract

In this article, elaborated as part of the program of criminal law at the University of Salamanca, the origin, evolution and current problematic of collective juridical goods are analyzed. To achieve it, there are presented and questioned the main critics against protected interests such as being classified as simple fruits of improper expansion of criminal law that are not subject of harm, or concretion. Regarding the defense of collective juridical goods it must be said that they have existed since the very beginning of the juridical good concept and later its legitimacy has been acknowledged in its whole dogmatic evolution. Moreover the critics on the alleged immateriality and the difficulty in proving detriment of the juridical collective goods can also be applicable to individual juridical goods as honor or health.

Hence, far from denying the legitimacy of juridical goods, some aspects of unfairness of these punitive behaviors are analyzed; to accomplish the task, from the positive view it is suggested to pursue a normative assessment on the behavior by means of the objective accusation and, from the negative view it is analyzed the implementation of justification causatives for excluding unfairness of these crimes.