Resumo

REYES ROMERO, Italo. The legal entity of the “alternative conviction” (Wahlsfeststellung): an introductory study based on German doctrine. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.161, pp.771-811.  Epub 09-Maio-2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.161.16491.

This work introduces and explains the legal entity of the “alternative conviction” (Wahlfeststellung), which is commonly applied in the German criminal law, but unknown in the Latin American context, und has sparked an interesting discussion in recent years. An alternative conviction exists when the court cannot prove clearly the commission of a specific crime, but at the same time is certain that a crime has been committed. In addition to the review of the conditions and admissibility criteria of this concept, it will be presented the discussion about its potential unconstitutionality due to infraction of the legality and culpability in detail, and the arguments that the courts and authors propose in its favor.

Palavras-chave : alternative conviction; Wahlfeststellung; comparability; post-pendency; staggered relationship.

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