De las alteraciones en la percepción al error de prohibición, pasando por las anomalías y alteraciones psíquicas

Resumen

Abstract: The exemption provided for in Article 20.3 of the Criminal Code is currently shown as a genuine "dead letter" since most of the limited case law pronounced about it tend to refuse it, both of its full and partial version. However, by way of exception, a certain current of case law has been in recent times including some of the specific and exclusive assumptions referred to in the analogue mitigating circumstance of article 21.6. Therefore, its abolition as an autonomous and independent cause of non-imputability seems timely, because it actually plays a purely residual role �not to say non-existent�both on the grounds of the first exemption of article 20 and in connection with the figure of the failure of prohibition. Keywords: Disorders in perception. Psychic disorders. Psychic dysfunctions. analogue mitigating circumstances. Failure of prohibition. Exemptions. Non-imputability