Reform proposals of the homicide

Identifier:  TFG:30

Handle: https://hdl.handle.net/20.500.11797/TFG30

Authors:  Azuara Bou, Laura

Abstract:
The present work, about the homicide, consist of the description and the analysis of the elements used by the jurisprudence for the application of the figure of the homicide – intentional or reckless- and the investigation of the reasons that have led the legislator to modifying it, as well as the consequences that the modification of the same one will produce. Also there have been studied the traditional forms of the intentional eventual homicide and the homicide “preterintentional”. The problem of the investigation was to find out the causes that “seemingly” have led the legislator to modifying the homicide, since the legislator, in most of cases, limits himself to modifying it without giving any explanation. Probably the most significant reform, is the suppression of the Book III relative to the “misdemeanours and his punishments” and in consequence, the misdemeanour of homicide of slight negligence of the art. 142.2 CP and his redirection to the civil jurisdiction. On the other hand, the project of reform, takes important decisions that –if it manages to pass- were changing the conditions established till now by the jurisprudence for the valuation of the gravity and the levity of the imprudence. In conclusion, the project of reform modifies the description of a figure, as it as the homicide, which had been kept identical for more than one century. With the present work it has tried to find out if such reform will be useful and appropriate and in consequence if the alleged decongesting of the Courts will take place.