El paseo millonario: un análisis jurídico de la dicotomía entre el dolo y los elementos subjetivos en la tipificación penal del secuestro y el hurto calificado

Abstract

This research article addresses the crucial distinction between aggravated theft and kidnapping, focusing on how the duration and purpose of the victim's detention inRuence the classi1cation of the crime. The reasonableness of the detention and its purpose are central to determining whether the act constitutes a means to commit aggravated theft or an independent kidnapping, directly aIecting the nature and severity of the applicable sanctions. By delving into the variations of kidnapping, such as simple and extortive, and considering the theory of final action, the intention of the active subject and the legal goods aIected are analyzed, which can lead to a concurrence of crimes. The research highlights the lack of uniform criteria and the need for a detailed and evidence-based approach to each case, emphasizing the complexity and relevance of accurate and eIective justice administration in these crimes.