THE SUBJECTIVE ELEMENTS OF THE ACTION LEGALLY TYPIFIED

(A study on the basis of the significant concept of the action)

Abstract

Based on the methodological premise that is offered by the significant concept of the action, developed by VIVES ANTÓN within the sphere of Criminal law, subjective (based on breach of a duty) elements legally typified (usually called ‘subjective elements of unjust’) are studied from a double perspective. On one side, such elements are characterized, analysing their legal basis and their function within the legal theory of criminal offence. On the other side, in accordance with this characterization, the specific subjective elements commonly approved in the doctrine and the jurisprudence, are examined in order to identify which of these elements are subjective (based on breach of a duty) and which ones do not deserve this consideration, including, where necessary, lege ferenda proposals.