Main Article Content

Yago González Quinzán
Universidade de Santiago de Compostela
Spain
https://orcid.org/0000-0002-2500-4839
Biography
Vol 31 No 2 (2022), Studies, pages 1-18
DOI: https://doi.org/10.15304/dereito.31.2.8575
Submitted: 19-07-2022 Accepted: 12-01-2023 Published: 03-02-2023
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Abstract

The purpose of this research is to answer the question regarding when the specific danger to the life or integrity of people required by article 380 Penal Code. For this, the most recent doctrine and jurisprudential pronouncements are analysed, having to warn that the decisions from the Provincial Courts show that it is debatable, in many cases, to consider as certain the causation of a serious and imminent risk for people as required by the penal type. In this sense, the essential parameters that a specific situation must meet to qualify it as dangerous and the circle of subjects that must be affected are exposed. As a closing clause, a brief reference is made to the subjective type of the crime, characterized by the intent of danger.