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what is punishable »definition and concept

An action is said to be punishable when it is deemed legally deserving of punishment. Punishable acts or conducts are those that go against the law and, consequently, these types of actions are accompanied by their corresponding sanction or penalty.

Punishable conduct in the legal framework

When someone misbehaves in their everyday life, their action can be viewed in various ways. For example, it can be classified as reprehensible, inappropriate, repudiable, unfair or immoral. On the other hand, when an act is contrary to the law, the adjective that must be used is another, punishable.

As a general criterion, for a conduct to be considered legally punishable, it must meet a series of requirements. On the one hand, that such conduct is typified, that is, explicitly included in the law. On the other hand, the conduct must be unlawful. Finally, the person who commits such action must be found guilty by a court.

There are three basic modalities: malicious, culpable or pre-intentional

A malicious conduct or malicious crime is understood to be that act that is knowingly carried out against a protected legal asset (robbery and premeditated murder are examples of malicious crimes). In other words, an act is malicious when a crime is committed in a premeditated manner and with full knowledge that the law is being broken. A conduct is negligent when an unintentional negligence is committed (for example, a traffic accident in which a driver recklessly violates a traffic rule).

While there is an obvious criminal intention in the intentional crime, in the culpable crime there is no such intention. Finally, pre-intentional conduct is one in which a person acts maliciously but as a result of his action another complementary damage is committed that was not initially foreseen (for example, in those cases in which someone is attacked to injure him but as As a consequence of the aggression, the victim's death occurs).

In this way, malicious, culpable or pre-intentional conduct are the three punishable conducts included in most criminal codes.

When an act is legally valued as a punishable act, this circumstance is accompanied by certain legal consequences (sanction, deprivation of liberty, civil liability or other forms of legal penalty).

Photos: Fotolia - Andrey Popov / Galina

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