Sleep cannot be understood as human behaviour but as, in the sense that the subject is a human person, but not with mastery of the status, but as a factor in a mere animal process in which he is immersed. In the first place, we find that Gonzalo does not carry out human conduct when he is asleep, since sleep is a factor of unconsciousness or lack of self-control of the subject over the reality in which he is immersed. In the account of proven facts, it is stated that Gonzalo, "as a result of the accumulated tiredness from not having slept at all the previous car", fell asleep while driving and collided with another vehicle, resulting in the death of the driver, Josefa.Īssuming that the facts are as they are described and, without modifying them, the following could be affirmed with regard to Gonzalo's possible criminal liability. C.142 - Grounds for lifting the penalty.C.137b - Between authorship and cooperation.C.129a - Between perpetration-by-means and inducement.C.124 - Perpetration-by-means and error of subject.C.113 - Non-requirement of other conduct consistent with the rule.C.92 - State of necessity certificate and exculpatory.C.87a - State of necessity: the collision of duties.C.86 - Error on the ground of justification.C.85b - Intensive excess in self-defence.C.83 - State of necessity: the collision of duties.C.78b - Error on the factual assumptions of the ground of justification.C.78a - Error on the assumptions of self-defence.C.76b - Justification and aberratio ictus.C.74 - Error on the assumptions of a ground of justification.C.73 - Error on the existence of the factual assumptions of a ground of justification.C.72 - Erroneous assumption of the factual assumptions of a ground of justification.C.66b - Omission, failure to give assistance, recklessness.C.58e - Aberratio ictus or error in persona?.C.58d - Aberratio ictus and dolus generalis.C.54- Aberratio ictus or error in object?.C.38b - Eventual intent, objective imputation.C.37b - Reflex movements and malice, "reciprocal" malice and overreaction.C.37a - Wrongdoing and error at the same time.C.36b - Direct malice, malice aforethought, "reciprocal" malice.C.32 - Direct second party claim Degree.C.31 - Direct first party bollocks Degree.C.29a - Objective imputation: typically relevant risk.C.28d - Subsequent intervention by the victim.C.28a - Typically Relevant Risk and Subsequent Interventions.C.23 - Interruption of the relationship of objective imputation (II).C.22 - Interruption of the relation of objective imputation (I).C.17a - Between inaction and culpability.C.16b - Reflex movements, irresistible force.
C.15 - Actio libera in causa and absence of action.C.13 - Unconsciousness and actio libera in (sua) causa.
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