Some reflections on crimes of concrete danger
Keywords:
Concrete danger, Abstract danger, Preventive criminal protectionAbstract
In Brazilian criminal law, crimes of concrete danger have traditionally been defined as a typical category that is characterized by the requirement to prove that the protected legal right was actually in danger. They are thus opposed to so-called crimes of abstract danger, in which danger, as a mere element of motivation for the law, is presumed by the legislator. For this understanding, such distinctive features stem from the fact that, while in crimes of concrete danger the danger constitutes a typical element, in crimes of abstract danger it only reflects a generic attribute of the conduct, which is why its effective verification in the specific case appears to be dispensable for the purposes of the rule, which is clearly to curb the practice of the conduct itself (normally dangerous).
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Copyright (c) 2011 Prof. Dr. Fabio Roberto D’Avila, Stephan Doering Darcie
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