Dolo sin voluntad

Abstract

It is understood that willful misconduct is, ab initio, knowledge, because only knowledge generates control and only this provides reasons to justify base the treatment of cases of willful behavior. Consequently, in blind situations, there is no place to speak of willful misconduct, since there is no control. At the same time, willful misconduct is exclusively knowledge and not will, since will does not alter control. Additionally there is no credible basis for demanding will in the concept of willful misconduct.

Keywords

• criminal liability
• wilful misconduct
• dolus eventualis
• will