Autonomía de los Jueces Penales ante el Criterio Jurisprudencial Constitucional sobre el Homicidio Intencional en Venezuela.

Abstract

The investigation arises to give continuity to the study of the crime of intentional homicide by way of eventual fraud, in contrast to the jurisprudential criterion established by the judgments of the Constitutional Chamber of the Supreme Court of Justice, which continues to be widely discussed in the dogmatic and criminal courts of instance. Currently there is a debate in the undergraduate and postgraduate courses of national universities, since in judicial practice the majority of the criminal judge expresses the need, to regulate the active subject under the limits and details of the elements that make up the eventual fraud, as violent not only the principles enshrined in the fundamental letter, but also violates basic aspects of General Criminal Law, when it is intended to charge a person based "on what goes through his mind", and not on what is proven in the proceedings.