From theory of crime to the theory of the case

Abstract

When we talk about a Crime, its quintessential definition is any "typical, unlawful, and culpable act," not only at a doctrinal level but also enshrined in our Criminal Code of the Republic of Panama. The need to correctly identify the aforementioned elements that constitute a crime; and in the same sense, how it is formed with Theory. Since we often see the part of the Theory, (in this case the Theory of Crime), as just another topic to study in a Criminal Law course; the truth is that we must locate it in the concrete way that provides us with that ideal help to configure a structure and strategy within a criminal litigation. This paper will present not only doctrinal expositions of the Theory of Crime, but also as a tool in the substantive norm to reach the effective Case Theory to the role that we develop at a given time within a process, whether it be prosecutor, plaintiff, defense attorney, and/or operator of justice. The purpose of this article is to provide that guidance and support to the law student from the classroom who is interested in criminal litigation, with doctrine, its analysis, diagrams, and simple examples so that they can identify the structure of the crime in its theory, and of course so that they can develop an effective case theory. It will also serve as a reference for the litigant who is starting out in the field of criminal law and for the practicing lawyer who considers that they need to expand their knowledge in the Theory of Crime and in the Case Theory, locating it clearly in the national Criminal Code and that they can use it in the strategic litigation of each case that is presented to them.