El riesgo jurídicamente desaprobado en el COIP.

Abstract

Prohibited risk is a legal concept that allow us to know when does a particular behavior has surpassed the limits of and acceptable sphere-of-action within society and the web of social relations it is made of, and considering this element was mainly used in the theory of proximate cause as one of its criteria of causation, we also consider that this element should be used outside of it, particularly as a complementary element to the one of the duty and standard of care, because of their proximity with the element of foreseeability. That way, this element having been introduced into our legislation with the enactment of the Integr al Organic Criminal Code, it is very important to give this element a clear meaning to guarantee the right of legal segurity and its coherent application into the active crimes intentional or unintentional and in the passive crimes.