Abstract

The article aims to understand the distinction between the legal nature of different types of errors, conduct an analysis regarding the treatment provided by the limited theory of culpability, as adopted by the Penal Code, to putative justifications, examine the hybrid nature of errors concerning the factual assumptions of a justification, and verify the treatment that has been given in light of legal doctrine. Bibliographic research was conducted to assimilate how legal doctrine addresses the topic. The information was analyzed using deductive methodology. The study concludes in favor of the appropriate distinct treatment that should be given to putative justifications, despite the theory adopted by criminal law, ensuring that the dogmatic concepts of the Theory of Crime are not subverted.

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