Friday, May 13, 2011

Pink Eye How Contagious How Long

Criminal - P. General. Mitigating outburst or blindness. Civil

Supreme Court Judgement of March 24, 2011.

FIRST: The first reason considers that the contested decision infringes art. CP 20.3 and 21.3, that of the individual to act with a degree of blindness that prevents gauge the severity of the action "given that the appellant comes from a country, Paraguay, where there are many huge problems of survival and poverty rates that drive people to attempt survival, all of which is known to all and need not be under test.
The reason is unfounded and must be rejected. (...)
In this case in the factum is not collected any evidence to underpin the estimation of the defense or extenuating invoked. (...)
b) The same applies to the mitigation of art. 21.3 CP. in effect with respect to the possible existence of the aforementioned mitigating the SSTS. 18/2006 and 487/2008 from 19.1 to 17.7, we said that "jurisprudence of this Court is, for all, STS. 19.12.2002, which are two elements that make up this mitigating factor: cause and effect: 1. There must be a cause or stimulus, which will be important so that could explain (not justify) the criminal reaction that occurred. There must be some proportionality between stimulus and reaction (STS 27.2.1992). Must come from previous behavior of such a victim (12/20/1996 STS). The precipitating reason not to be repugnant from the standpoint of socio-cultural (STS 14.3.1994). 2 ยบ. Such a cause or stimulus must produce a consistent effect in an altered state of mind of the subject, so that his accountability is diminished, not so much that comes to integrating a temporary insanity defense to constitute a complete or incomplete, or so little no more than a mere reaction of overheating or angry or mild numbness that often accompanies some offenses and is considered irrelevant (02/04/1990 STS). Outburst is said when the reaction is temporary and gleaming, immediate stimulus while blindness lasts longer and allows the course of a maximum time span on the stimulus. In any case the course too long excluded mitigating factor (S. 04/14/1992). The third term, the state entity such passion, probably added in 1983 to accommodate the content of these other similar extenuating content for this important legislative amendment were repealed (provocation or threat, vindication next), extends the scope of this mitigating by the will of the legislature, but maybe so superfluous to the extent of the other alternative elements. "
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