El daño moral derivado del delito

Abstract

Jurisprudence values moral damages through global criteria, quantifying them on a flat-rate basis. The main objective of this work is the analysis of the parameters for the identification, valuation and quantification of non-pecuniary damage derived from crime.The concept of victim, its differences with that of injured party and the legislative consecration of their rights are examined. It addresses how reparation should be understood and whether it is a univocal concept in criminal and civil law or whether it is a term that should be interpreted differently in each of the disciplines. The use of civil liability "ex delicto" as an instrument of criminal policy and its legal nature are analyzed. An approach is made to the concept of state compensation, in order to differentiate it from civil liability, and the systems of state aid in force are analyzed.The compensation of moral damages (arts. 110.3º and 113 CP) is the central nucleus of the work. The concepts of damage, non-pecuniary damage, bodily injury and moral damage are analyzed, with special attention to that derived from crime and its content. The function of civil liability is addressed.It is examined in depth whether the legal system for the valuation of personal injury can be used beyond the scope for which it was created. It is studied whether malice should have any incidence in the valuation of the extra-pecuniary damage generated by the crime. The jurisprudential criteria for the use of the system, as a guideline, outside its scope of application are examined...