The Exonerating Effect of “Voluntary Desistance” of the Attempt: What Begins Badly, Ends Badly?
Voluntary desistance represents a complex issue in criminal dogmatics. In this context, the author argues that impunity for voluntary desistance, regulated in legal systems such as German, Spanish and Peruvian, lacks a solid foundation and instead generates dysfunctional consequences in any legal-cr...
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2005 |
| Country: | Perú |
| Institution: | Pontificia Universidad Católica del Perú |
| Repository: | Revistas - Pontificia Universidad Católica del Perú |
| Language: | Spanish |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/3103 |
| Online Access: | http://revistas.pucp.edu.pe/index.php/derechopucp/article/view/3103 |
| Access Level: | Open access |
| Keyword: | Voluntary Desistance Attempt Individual Autonomy Impunity Legal Reform Criminal Law Desistimiento Voluntario Tentativa Autonomía Individual Impunidad Reforma Legal Derecho Penal |
| Summary: | Voluntary desistance represents a complex issue in criminal dogmatics. In this context, the author argues that impunity for voluntary desistance, regulated in legal systems such as German, Spanish and Peruvian, lacks a solid foundation and instead generates dysfunctional consequences in any legal-criminal system that seeks to protect individual autonomy. Consequently, in a legal system where individual autonomy is a fundamental principle, the ability of an individual to avoid criminal liability simply by voluntarily desisting from a criminal act already initiated, without consideration of the risk created, is contrary to the logic of a criminal system that seeks to safeguard social security and order. It is therefore proposed that the rules be reformed in such a way that voluntary desistance does not automatically exempt from criminal liability. This would allow for a balance to be struck between criminal intent and the protection of the autonomy of others. |
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