The Diffuse Border Between Life And Death. Reflections on the material object of crimes against independent human life

Abstract

This work has two fundamental objectives: on the one hand, to highlight the problems raised by the concept of death to which the doctrine and jurisprudence are referred; and, on the other hand, to explore the desirability of defining a different limit. To this end, first, we briefly describe the difficulties of the legal concept of death that experts have underlined. Second, we indicate the alternatives to this concept and their legal-criminal consequences. Finally, by way of conclusion we make a proposal de lege ferenda and another de lege lata on the legal concept of death which should operate as a term of human life under criminal protection.