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EXPENDABLE GUILT AS AN ELEMENT IN THE STRUCTURE OF THE CRIME

Abstract:

Guilt is the last of the elements that locates the theory of crime in the structure of crime, according to the schools that are res-ponsible for its study. It is also the most vilified element. Multiple theories about guilt, the analysis of its structure, its different roles within criminal law and, in addition, its presence throughout the history of humanity, attribute different connotations to it, however, they suffer great emptiness today., as a structural element of the crime. Various authors consider that it should be extracted from Criminal Law. The objective was to argue that guilt, as a structural element of the crime, according to the Theory of Crime, is expendable. The research is of review and used the qualitative approach that uses theoretical methods such as historical-logical, analytical-synthetic and inductive-deductive, from the empirical level the review of documents to analyze the contributions of authors on the subject. It is concluded that it is one of the main criminal legal institutes, but it is poorly located and should not be in the Theory of crime and yes, in the theory of sentencing, because, precisely, it is the real support of this.