Penal Code (Damage and safety)
Introduction
Havoc is a criminal offense that consists of causing great damage that has generated a common danger. Causing fires, floods or explosions are typical means of havoc. In general, "Sanction (Law)") is usually punished with high penalties, as it is considered a serious crime.
The protected legal good is public safety. That is to say, the purpose of the punishment of the crime is to guarantee the collective security of citizens, so that the damage caused to property is outside the crime of havoc.
Criminal type
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- Damage. The central criminally sanctioned action consists of causing damage. Although the simple causing of damage is not enough for there to be havoc, without damage the crime does not occur. The lack of damage could frame the action as attempted.
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- Common danger. For the crime to be constituted, it is also necessary that a common danger has occurred, that is, one that exceeds an individual danger or one limited to a family environment.[1].
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- Typical means. The crime requires that the damage has been committed by some typical means, such as fire, explosion, flood, ship sinking or damage to docks. The destruction by any means of assets such as forests, crops, livestock, etc. can also be considered havoc.
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- Concrete danger and result. This is a crime of concrete danger since the danger it creates can only affect people. If there is no specific danger to people, we cannot speak of a crime of havoc since this danger constitutes an essential element of the type. Another thing is the need for effective destruction of some of the places included in the type. The majority of the doctrine affirms that this destruction will be necessary for the crime to be perfected.