NCJ Number
125528
Journal
American Journal of Criminal Law Volume: 17 Issue: 3 Dated: (Spring 1990) Pages: 235-262
Date Published
1990
Length
27 pages
Annotation
This article provides guidance to the legal practitioner by outlining the important provisions of the Standard Penal Code (SPC) as it was developed for Latin American countries and is the functional equivalent of the Model Penal Code in the United States.
Abstract
This information provides useful information for the lawyer who may have to litigate a particular jurisdiction that has adopted portions of the Standard Code. The origin, scope, format, and influence of the SPC is discussed to illustrate what aspects of the SPC may be adopted and which Latin countries may follow the code. Aspects of the code that are highlighted focus on defenses to criminal conduct. Justifications allowable under the code include performance of a legal duty, self-defense and defense of others, and necessity. Lack of criminal responsibility including mental insanity or age of minority are also discussed. Absence of liability issues are examined with emphasis placed upon the defenses of mistake, prevention of a greater harm, insurmountable fear, and due obedience. Attempts as a form of criminal conduct are also addressed. The future of the SPC is seen as requiring more American legal practitioners to familiarize themselves with the code due to anticipation of increased litigation in areas of the world that utilize the code. A chart of geographic areas that are influenced by the SPC is included. 153 footnotes.