Culpability is an expression used in the area of law that means the responsibility that can be assigned to a person for the commission of an unlawful act.
According to the principle of culpability, there is no crime if the agent is not culpable for the fact, that is, there is no crime without guilt.
The principle is used to confirm whether the individual who committed the act is culpable for the conduct. Thus, guilt is one of the grounds (presumed) for the penalty to be applied.
Guilt in Criminal Law
The Penal Code adopts the Limited Theory of Guilt. According to this theory, for guilt to exist, the existence of three elements must be confirmed. See what they are:
Elements of guilt
In order to prove the existence of culpability, it is necessary to verify: imputability, demand for different conduct and potential awareness of illegality.
THE liability it means the capacity that a person has to be criminally responsible for a fact practiced by him.
Some examples are: being 18 years old or not having any cognitive or metal deficiency.
the element of demand for different conduct it is the possibility of verifying whether the accused person, in the situation analyzed, could have had an attitude or behavior different from what he had, freeing himself from committing the crime.
This requirement requires proof that there was a possibility of opting for other behavior than what occurred.
THE potential awareness of wrongdoing it occurs when it is verified whether the individual was aware that the act performed was illegal. That is, if he understood that it was a crime.
In this case, technical knowledge of what is provided for in the law is not necessary, but only the ability to understand that the attitude or behavior is illegal.
After analysis, if these three requirements are present in relation to the fact, the Law considers that there is guilt.
Blame Excludes
There are some situations where guilt does not exist, they are the exclusionary causes of culpability.
They can be of three types: absence of liability, absence of potential knowledge of the illegality and absence of demand for different conduct. Learn more about each of them:
Absence of liability
In the absence of liability, there are situations that do not allow the individual to be criminally liable. Are the following:
- Minority: be under 18 years old.
- Existence of mental illness or delayed mental development: hypothesis in which there is a diagnosis of some mental illness or inadequate mental development that does not allow the individual to have the correct perception of the act performed.
- Complete drunkenness by act of God or force majeure: is the case of unwanted drunkenness, which can occur voluntarily or involuntarily.
Lack of potential knowledge of illegality
In this situation, the individual who committed the crime is not fully aware that the conduct is a crime that may result in criminal liability.
It is important to know that it is not a question of knowing the Penal Code provision, for example. The absence of knowledge of the illegality means that the person did not know that the act committed was illegal.
Absence of enforceability of different conduct
In this case, there is the conclusion (evidence) that an attitude different from that adopted by the person who committed the crime could not be required.
The absence of enforceability of different conduct can happen by:
- irresistible moral coercion: this situation occurs when the individual could behave differently, but he does not do it for a moral reason. For example: a person commits a crime under the threat that if he doesn't, a person in his family will be assaulted.
- hierarchical obedience: happens when a person receives an order from someone who is their hierarchical superior. For this hypothesis to be realized, it is essential that there is a hierarchical link between the person who gives the order and the person who receives it.
Also read the meaning of Criminal Code, criminal majority and misdemeanor.