The fault from the synthetic theory of criminal action and its foundation in restorative justice.

Abstract

One of the criminal legal categories of greatest complexity in its dogmatic articulation has been that of guilt. It can not be affirmed with absolute certainty, verbi gratia, if the law of the XII tables punished the culpable homicide, or if the Aquilian anointed only the civil or criminal responsibility also; but, if it is possible to be known that the emperor Adriano promulgated a rescript on the quasi delict of homicide, punishing it, by extraordinary cognitio, to a smaller pain that the one of the guilty one. However, to define it at the moment it became historically the meager work of renowned jurists starting with the classics especially Carrara, until finishing with Carreño (2017, p.21), who maintains that the fault is the knowledge and misapplication of systemic competences and functions as a guarantor of Human Rights.