Aberratio delicti

The aberratio delicti is the legal expression that is used to define the error in the author when committing a crime other than the one he wanted to commit.

This legal figure that means "error in the crime" is used for cases in which the perpetrator of a crime wants to commit a typified crime, but finally ends up committing a different one without the intention or intent of wanting to commit the result obtained.

An example is wanting to commit the crime of injury, but end with the result of death, thus an author can pretend to injure a person through poisoning and result in the death of the victim.

The result is not the one intended by the author.

Characteristics of aberratio delicti

The main characteristics of this legal figure are:

• It is within the criminal errors studied in criminal law.
• It is an error of fact and not of law.
• It is an accidental and non-essential error of fact.
• It affects the commission of the crime and the violation of the legal right. Therefore, it must be punished according to the crime that has finally been committed and not the one that was wanted to commit, it is not the same to want to execute injuries that affect a legal right such as physical integrity as a result of death that violates the law. legal asset related to life.
• It does not eliminate guilt, but it does attenuate, since there is no full intent.
• Nor does it eliminate typicality. Since the crime itself is regulated in the penal code.
• Nor does it eliminate unlawfulness. Since the person knew that their actions would lead to the commission of a crime.
• It only operates in crimes of result.

Figures similar to aberratio delicti and differences

You have to make differences between some similar figures that can lead to confusion. These figures are aberratio causae and aberratio ictus.