Consideraciones dogmáticas y probatorias sobre el dolo en el proceso penal

Rettig Espinoza, Mauricio
The analysis of mens rea involves elucidating three closely related discussions. The first is the conceptual issue referred to the dogmatic definition of mens rea and involves reviewing its theories and criticisms in order to specify the content of mens rea and determine if it is a fact that can be proven or a normative category of criminal accusation. This is relevant to the epistemologi-cal question about what is to be proved in the attribution or imputation of mens rea and consists in specifying whether in the criminal trial the thema probandum are certain states of mind that may be relevant to the mens rea imputation or the indications that can be subsumed in an open and referential catalog of regulatory indicators. The third discussion refers to the epistemological question involving the method by which states of mind or indications are proved and presupposes specifying whether the link that connects the evidence with the hypothesis to be tested can only consist of an epistemic generalization or if, in addition, presumptions and concepts (such as mens rea) and their theories are types of evidentiary inferences ​
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