JURISPRUDENTIAL ANALYSIS OF THE CIRCUMSTANCE OF FURY IN THE CRIME OF DOMESTIC VIOLENCE

Abstract

The article 21 of our Penal Code gathers the reasons that extenuating the penal responsibility, between these, in the Third Paragraph we found, "to work for reasons or stimuli so powerful that they have produced fit, blindness or another passional condition of similar entity ". In other side, the article 153.1 of the same text, it penalizes the crime of domestic violence inside the Title the IIIrd "Of the Injuries ", as well as the article 173.2 penalizes the crime of domestic violence inside the Title the VIIth "Of the Tortures and Other Crimes Against The Moral Integrity" punishes with major hardness when this violence is usual. Then, the question appears if we understand that the extenuating of fit is valuable before this type of crimes or if it turns out to be invaluable for understanding it inherently in the type described in these mentioned articles 153.1 y 173.2. It is the reason that in these lines we are going to analyze the most habitual jurisprudence to come to a conclusion brings over of  this respect.

Keywords: Fit. Blindness. Extenuating. Domestic Violence. Imputability.