The Punishment of crimes of abstract danger

Abstract

Perhaps the German doctrinaires of the sixties could not have imagined the magnitude of what they wrote in relation to crimes of danger. However, this has spread like an oil stain, becoming the "favorite son" of legislators in the Western world. It is enough to take a look at the legislation enacted over the years and at the latest criminal reform in our country, to verify the very significant increase in the presence of dangerous crimes in areas such as automobile traffic, public health, the environment, security conditions at work, economic criminal law, crimes that respond to the growing need to advance the protection barriers of criminal law to stages prior to the production of the result, to make it effective. Of course, neither the existence nor the concept of crimes of danger are a legislative creation, based on contemporary dogmatics. Punishable acts such as fires, floods or abandonment of children were incorporated into the first penal codes and Stübel already configured them as a separate category from the crimes of injury, although it will only be from the work of Binding when they acquire their own entity. However, in most cases, they were mixed types.