WRONGFUL CRIME: CONCEPT, ELEMENTS, EXAMPLES - ARTE - 2025

The culpable or quasi-delict is a legal expression that refers to an action or an omission that causes damage, without the intention of causing it. It generally occurs when the person acts with negligence, recklessness or inexperience, but without the deliberate will to commit an offense.

An example of this kind of crime is that of a man who was driving his car on public roads, exceeded the permitted speed levels and ran over a pedestrian who, as a result of the impact, died.

Wrongful crimes usually receive lesser penalties than intentional ones. Source: pixabay.com

The driver's desire was not to kill, but when exceeding the speed limits he acted recklessly and without caution. The person had to foresee the risks that his inappropriate behavior could cause and even so he went ahead and raised the fact.

While both actions are illegal, the difference between a negligent crime and a malicious crime is the intention. While in the quasi-delict, the action is carried out without the intention of doing evil or causing harm, in the second it does have that will.

Returning to the previous example, it would be the case of a driver who did want to run over the pedestrian and did so on purpose.

Concept of wrongful or near misdemeanor

The notion of culpable or quasi-delict is usually used in both civil and criminal law and implies the carrying out of damage freely but without malice, for any cause that could be avoided.

It implies a concept of guilt that is in an intermediate state between fraud, where there is a deliberate will to commit an offense, and force majeure, in which the act cannot be foreseen or resisted.

In these cases there is usually negligence, recklessness and inexperience, since the perpetrator has the possibility of predicting the risks that his actions may entail and still goes ahead.

In this way, although their intention is not to cause the damage, the person does not take sufficient care in their behavior to avoid it.

Difference with malicious crime

Contrary to a culpable or quasi-delict, when speaking of fraud the person has the desire to commit the illicit act and does so with knowledge and accepting the consequences that this will cause.

In that case there is an intention and a specific will to commit a crime and cause damage, knowing and understanding the results of the action.

In general, when they are tried, malicious acts receive a greater penalty and sanction than wrongful or quasi-crimes.

Elements of the culpable or near misdemeanor crime

To speak of a negligent or quasi-wrongful crime, four main elements must be given: the damage, the causality, the intention and the foresight.

The damage

In the first place, there must be a breaking of the law that causes damage, detriment or pain, either to a person, to something or to another's property.

This damage can be current -when it has already occurred-, emergent -when it is expected to occur in the future- or loss of profit -it is the benefit that is no longer perceived as a consequence of it-.

Causality

In these cases, the damage occurs for a reason or reason. This can be due to an action or an omission, that is, to carry out or stop doing a certain behavior.

The main causes of a wrongful or near misdemeanor are negligence, when there is a lack of care; recklessness, when acting recklessly and without caution; and malpractice, when one acts without the technical or professional capacity to perform a certain function.

Intentionality

In order for it to be considered a negligent or near misdemeanor, the main element is the lack of intent. The person must not have the malicious will to cause harm, to deceive someone or to breach an obligation.

The forecast

Finally, the possibility of the crime occurring must or should have been anticipated.

In these cases, guilt occurs by omission of the proper conduct or, even having contemplated it, by trusting in being able to avoid its consequences.

Examples of wrongful or wrongful crimes

In general, culpable crime occurs due to negligence, recklessness or inexperience. Source: pixabay.com

Negligence cases

An example of a negligent wrongful offense is that of a person leaving a loaded gun on the table in a place where there are children. If a minor takes the gun and shoots another, the individual who placed it there will be liable.

Likewise, the person who lights a fire in the middle of a forest, leaves without putting it out and then it spreads and produces a fire.

Another case is that of the son who is in charge of the care of a sick elderly father and, by mistake, gives him a medicine or gives him the wrong dose and as a result he dies.

Cases of recklessness

In addition to the aforementioned crime of the driver causing an accident by exceeding the permitted speed limit, another similar example of recklessness is that of the person driving a car while talking on the cell phone.

The same is the one who goes through a red light, the one who drives under the influence of drugs or alcohol or the one who uses a car that has damaged brakes.

Another example is that of the person who smokes in a service station or in another place where it is prohibited. All of these actions are risky and increase the chances of an accident occurring.

Cases of malpractice

Continuing with the road examples, a case of malpractice would be that of the person who runs a car without taking driving lessons or without having a driver's license that enables it.

The same is a doctor who performs an operation for which he is not qualified or prepared and, as a consequence of his mistakes, the patient dies or is left with some deficiency.

Also the architect who carries out a construction of a building or a bridge that collapses due to his mistakes and causes damage to third parties.

References

1. Aguilar Cabrera, Denis (2015). Problematic in the configuration of the guilty criminal type. Criminal Law Online. Available at: Derechopenalonline.com
2. Ossorio, Manuel (1974). Quasi delict. Dictionary of legal, political and social sciences. Editorial Heliasta. Buenos Aires. Argentina.
3. Rigoberto Paredes & Asociados Abogados. What is the difference between culpable crime and willful crime? Available at: rigobertoparedes.com
4. Quasi, Wikipedia. Available at: Wikipedia.org
5. Dictionary of the Royal Spanish Academy (RAE). Available at: rae.es