Abstract

CABALLERO-RAMIREZ, Nilda Beatriz. Eventual intent in Paraguayan criminal law. Rev. ciente. UCSA [online]. 2023, vol.10, n.1, pp.82-90. ISSN 2409-8752.  https://doi.org/10.18004/ucsa/2409-8752/2023.010.01.082.

The eventual fraud constitutes a controversial figure of Criminal Law, in particular, in terms of its practical application when establishing a precise distinction with respect to reckless crimes. In the present investigation, the treatment of eventual fraud in the Criminal Law of Paraguay and its implementation by the justice bodies was studied, for which court sentences and imputations of the Public Ministry were analyzed, and interviews were carried out with key actors, referred to to road events that occurred within the third constituency of Itapúa. Conditioning factors of its application are described, reflecting on the possibility of incorporating an exhaustive description in the penal norm, coining a formula that unifies criteria, in order to avoid ambiguities or errors in its implementation. The research is descriptive and proactive insofar as it summarizes the current conditions of application and its limitations in national positive law, a mixed, cross-sectional approach was worked on, interviews were conducted with groups of people linked to criminal law, justice bodies. The most significant results refer to a scarce application of eventual fraud due to disparity of criteria regarding the pertinent doctrine, in addition to the need to strengthen the doctrinal knowledge in criminal matters and in this way, correctly apply this figure. Finally, a formula was proposed that describes eventual intent and conscious guilt, with its proper distinction in order to avoid confusion.

Keywords : Eventual intent; conscious guilt; application in Paraguayan criminal law; internal regulation stract.

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