La culpa desde la teoría sintética de la acción penal y su fundamentación en la justicia restaurativa.

Abstract

One of the most complex criminal legal categories in its dogmatic articulation has been that of guilt. It cannot be affirmed with absolute certinty, verbigratia, if the law of the XII tables punished the wrongful death, or if the Aquilian anointed only the civil or criminal responsibility as well; but if it is possible to know that the emperor Adriano promulgated a rescript on the quasi-homicide, punishing him, for extraordinary cognition, to a penalty less than that of the guilty. Howevwr, to define it now historically became the meager work of renowned jurists starting with the classics especially Carrara, until arriving at Ferrajoli (2004) with his thesis that in the fault there is voluntariness in the action, but not of result until ending with Carreño (2017), who argues that the fault is the knowledge and misapplication of the competencies and systemic functions as guarantor of Human Rights.