La treachery It is a characteristic that differentiates the crime de homicide of the murder and consists of using means to ensure the commission of the crime, ensuring that the person cannot defend himself.
La treachery It is a distinguishing feature of the murder. That is, from the crime punished by kill to person. The treachery allows us to differentiate two crimes that have as their result la death of other person, these are homicide y murder.
Therefore, the treachery means to ensure the execution of the crime and cause the absence de risk to the defense that could make the person that supports this crime. A aggravating of the responsibility penal of one who kills another person.
Features
Some of the classic features of treachery are:
- Any means, way o crafts that causes to ensure the commission of the crime will be understood as treachery.
- La treachery does not demand premeditationThat is, it does not require preparation of the crime, may arise at the time of executing the act.
- It can be understood as treachery the very means to execute the crime such as, for example, a fire.
- It should cause a helplessness total of the victim.
- It must exist dolo. Which means you have to know what you're doing and want to do it.
Categories of treachery
Various types of could be found treachery according to your premeditation:
- Treachery proditory: It is a treachery premeditated, there has been a mass surveillance of the victim.
- Treachery sudden: It is understood as a treason. That is, it takes advantage of the confidence. deposited on the attacker by part of the victim
- Treachery of helplessness: There is not so much premeditation, simply takes advantage of a circumstance of the sujeto passive, victim which makes him more defenseless, such as an elderly person.
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