El Resultado y el Objeto Material
Understanding the Material Object and Results in Criminal Law
Introduction to Material Object
- The video discusses the objective elements of criminal law, focusing on the material object, formal result, and material result.
- The material object is defined as the person or thing upon which the active subject's conduct occurs.
Aspects of Material Object
Psychological and Physical Aspect
- The first way to visualize the material object is through a psychological and physical aspect, primarily referring to a person's body.
- Examples include homicide or bodily harm that directly affects an individual's body.
Legal vs. Material Object
- It’s important to distinguish between legal goods (e.g., life or personal integrity) and the material object (the physical body).
Social Value Aspect
- Another perspective on the material object is its social value, illustrated by defamation cases (though this type has been repealed in Mexico City).
Economic Value Aspect
- The economic value aspect refers specifically to money rather than property; for instance, theft of a vehicle where the vehicle itself is the material object.
Understanding Formal and Material Results
Distinction Between Results
- In formal results, there is no spatial-temporal distinction between an active subject's conduct and its outcome; it means no external change occurs.
Example of Formal Result Crimes
- An example includes possession of a firearm where merely possessing it fulfills the crime without any observable change in reality.
Typical Material Result Crimes
- In contrast, typical material result crimes show a clear spatial-temporal difference between conduct and outcome; for example, homicide results in death.
Notable Observations on Attempted Crimes
- In formal result crimes, attempts are generally not recognized; however, some argue that attempted bribery could be an exception despite being classified as a formal result crime.
Causation in Crime Types
- For typical formal result crimes, there is essentially no causal link required between conduct and outcome. This contrasts with typical material result crimes where causation must be established.
Conclusion
- The video concludes by emphasizing these concepts' importance within criminal law. Viewers are encouraged to ask questions or leave comments for further clarification.