De nuevo sobre el riesgo permitidoAgain on permissible risk. Reply to Silva Sánchez

Abstract

Following the table of contents of the book by Professor Silva Sánchez, El riesgo permitido en Derecho penal económico, and in response to his position and arguments, this article discusses issues such as the nature, foundation, and systematic placement of permitted risk, its relationship with social adequacy, its determination, and the relevance of extra-penal regulation and the lex artis in this task, as well as its connection with the specification of negligent conduct and the attribution of the result. This will also lead us to question the different dogmatic constructions of the crime, starting from the relationship between the definition of the actus reus and the mens rea and its relationship with the norm, understood as a prohibition –norm of determination–.