Concepto y elementos del Derecho Penal.

Summary

This video discusses the importance of criminal law in society, explaining how it regulates behaviors that threaten public order and safety. It covers key elements of criminal law, including the definition of a crime, its classification, and the consequences for offenders. The video also explores the various branches of criminal law—substantive, procedural, and executive—and their role in ensuring justice. With references to Mexico's legal system, it highlights crimes such as homicide, theft, and sexual offenses, offering insights into how crimes are categorized based on severity and the impacted legal interests.

Takeaways

• 😀 Human beings live in society to satisfy needs, survive, and achieve collective goals.
• 😀 Social organization can lead to problems like theft, homicide, and other crimes that disrupt social harmony.
• 😀 Legal norms, known as criminal law, are created to prevent such acts and maintain peace and order in society.
• 😀 Criminal law is a set of legal norms that define crimes and specify the punishments for those who break the law.
• 😀 Mexican criminal law consists of three branches: substantive criminal law (criminal code), procedural criminal law (criminal procedure code), and executive criminal law (penitentiary system).
• 😀 The main elements of criminal law are: the crime, the penalty, and security measures.
• 😀 A crime is defined as an action or omission that violates the law, causing a change in reality with legal consequences.
• 😀 Six key elements must be present for an act to be considered a crime: conduct, typicity, unlawfulness, imputability, culpability, and punishability.
• 😀 Crimes can be classified based on their material scope, severity, and the legal interest they harm, such as life, liberty, or public security.
• 😀 The Mexican Federal Constitution defines federal crimes and distinguishes them from state (common) crimes.
• 😀 According to the Veracruz Penal Code, crimes are categorized by the legal interest they harm, such as crimes against life, health, freedom, and property.

Q & A

What is the main objective of human beings living in society?

The main objective is to satisfy needs, survive, and achieve goals of general interest.

What are some of the serious problems that arise in society?

Serious problems include theft, homicide, sexual assault, kidnapping, and other acts that disrupt the peaceful and harmonious coexistence of society.

What is the purpose of legal norms in society?

Legal norms are created to prevent harmful conduct and actions by defining punishments or sanctions for those who disturb the order, peace, and common good.

How is criminal law defined?

Criminal law is the set of legal norms that defines crimes and determines the penalties or security measures for those who violate societal order and the legal framework.

What are the three branches of Mexican criminal law according to Fernando Haría Más?

The three branches are: substantive criminal law (related to the Penal Code), procedural criminal law (related to criminal procedures), and executive criminal law (which governs the penitentiary system).

What are the main elements of criminal law?

The three main elements are the crime, the penalty, and security measures.

What does the term 'delito' (crime) refer to in the context of criminal law?

The term 'delito' refers to an action or omission that violates the law and has legal consequences. It comes from the Latin verb 'delinquere', meaning to stray from the right path.

What are the six elements that must be identified for a conduct to be considered a crime?

The six elements are: conduct, typicality (whether it fits the description of a crime), illegality (violation of law), imputability (capacity to act with understanding and intention), culpability (whether the person acted with intent or negligence), and punishability (the law specifies a punishment).

How are crimes classified in terms of their legal validity and severity?

Crimes can be classified as federal crimes or crimes of common jurisdiction based on their legal validity. They can also be classified as 'grave' or 'non-grave' depending on the severity of the punishment, with grave crimes being punishable by over five years in prison.

How does the Penal Code classify crimes based on the protected legal interest?

The Penal Code classifies crimes based on the protected legal interest, such as individual or collective interests. For example, crimes against life and health (like homicide), liberty (like kidnapping), or property (like theft).