Once the aggressor's father knows the facts, he confesses to his

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Son that the person he has stabbed is another unrecognized son of his, so he and the attacked person turn out to be brothers. The victim , aware of this circumstance, files a paternity claim lawsuit. Even if the filiation was recognized before the criminal trial was held, the mixed circumstance of kinship could not be applied (which in this type of crimes acts as an aggravating circumstance), because at the time the crime took place, the The author did not know that the other person was his brother. What is the prohibition error and where is it regulated? The prohibition error occurs when a person commits a crime without knowing that it is a criminal offense , either because they believe that it is an act that is not prohibited or because they believe that they have authorization to act in that way. It is regulated in section 3 of article 14 of the Penal Code. 3. The invincible error regarding the illegality of the act constituting the criminal offense excludes criminal responsibility.

If the error is overcomeable, the penalty lower by one or two degrees will be applied. Article 14.3 of the Penal Code Types of prohibition errors The Penal Code distinguishes between: Invincible. In this case, criminal liability is excluded . Beatable. The lower penalty is applied by one or two degrees . Examples A person who comes from a country in which citizens are allowed to carry firearms comes to live in Spain and buys a gun. It can be DM Databases considered that there is a perhaps overcomeable type error, since the person could have thought that Spanish legislation may be different. However, the personal circumstances of the individual would have to be analyzed, since if, for example, it is a very young person with very little culture, it could be an invincible error. A teacher comes to teach in Spain and slaps one of his students, because in his country it is allowed to apply physical punishment to students.



We may be facing a probably surmountable prohibition error, since the mere culture that is presumed to be present in a person who is dedicated to education suggests that he or she should have been informed about whether physical corrections to students are allowed in SpainHow do mitigating circumstances affect the sentence? Article 66 of the Penal Code contains the rules on how mitigating circumstances reduce the sentence: If only one mitigating circumstance is present, the penalty is applied in its lower half. If there are two or more mitigating circumstances, or one or more highly qualified ones and no aggravating circumstances, the lower penalty is applied by one or two degrees , taking into account the number and nature of said mitigating circumstances. In the event that mitigating and aggravating circumstances occur, they will be assessed and compensated in a rational manner to individualize the penalty. If a qualified basis for mitigation persists, the lesser penalty will be applied.