Koło nr 65

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The object of protection of the crime that is analyzed is the protection of childhood , Rueda warns. “Taking into account the object of protection of said rule, I consider it necessary for the minor to have visual contact with the act of sexual content and classified as obscene.” Remember, also, that the Supreme Court Sentence 685/2018 acquitted the accused of the crime of exhibitionism because the child was asleep while the man masturbated, so that he could not see the act which, in this case there is consensus, "is not unable to assimilate or understand the scope of its meaning. In that same sense she interprets the Supreme Court ruling 968/2009.

Therefore, she concludes, “she considers that exhibitionism is not a high-risk crime but requires Fax Lists visual contact with the obscene act.” The psychologist, jurist and member of the Ertzaintza, Erick Eduard Ruiz, who has noticed this confusion, hopes “that the Supreme Court will clear up our doubts .” «I would say that it is a crime of result, which must be seen . It can be heard that it is a crime of mere activity but not because the passive subject needs to see it for it to be consumed, but because for it to be consumed it is not necessary to encourage the desires or instincts of the minor, but it is enough to carry out the action. before the passive subject," adds a criminal lawyer.



The September edition of 'Economist & Jurist' is now available Issue 273 of the magazine can be consulted in the newspaper library on the website Design: Isabela Roldán/E&J Readers of Economist & Jurist have issue 273 of the publication, corresponding to the month of September, available in the newspaper library on the magazine's website . As usual, the publication collects, with a rigorous tone and an eminently practical approach, analysis of current issues in the legal field and various aspects of the world of Law. On this occasion, the tribune includes an editorial in which reference is made to the commemoration of the magazine's first 30 years.
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