The victim in criminal law and his belonging to different collectives as an aggravatory element of criminal liability: special vulnerability or differential situation

Abstract

The recognition of the difference in the Penal Code, the need to address it and, where appropriate, offer enhanced protection against attacks to those who are part of certain groups is already evident. However, the way in which the legislator undertakes this task is not always consistent. The different reforms of the Penal Code have gradually incorporated specific realities without currently offering a logical treatment of how much one wants to protect.