Abstract

SCHLEIDER, Tobías J.. Responsabilidad y suerte penal: Reflexiones sobre un argumento de Eduardo Rivera López. Isonomía [online]. 2011, n.34, pp.141-159. ISSN 1405-0218.

One of the central topics of contemporary criminal law theory is the discussion for and against equal punishment of attempts and completed crimes. This problem is commonly analyzed from the perspective of luck. The goal of the defenders of the equal punishment view is to erradicate luck from criminal responsibility judgements. To do that, they first have to differentiate among the luck that affects the results of actions and other kinds of luck involved. Rivera López tried to justify the drawing of that limit in the field of morals, and if his ideas could be trasposed to the criminal law realm, they could be a great help for the upholders of the equal punishment view. Here I try to pose some critical observations to his theses, and to show that, ultimately, they could not support the subjetivists' claim.

Keywords : responsibility; punishment; luck; control; action.

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