Abstract

The objective of this paper is to identify some type of crime structure that would have allowed the elaboration of a vernacular crime theory. The methodology used will be the following. In the first place, a descriptive study will be carried out on the situation regarding the interpretation of art. 1 of the Criminal Code, secondly, to describe how the German crime theory was introduced into criminal law. Thirdly, the analysis of art. 1st in its systematic relationship with the rest of the primitive core of the Criminal Code of 1874 that would constitute its General Part (arts. 1 to 10), for the identification from this core of a structure of the underlying crime. Fourth, Outside the systematic element in the relationship of art. 1° with the rest of the "general part" of the relevant Penal Code, a review of the History of the Law will be made. This is how it became possible for us to infer a structure of the crime that would be found underlying in art. 1 of the Penal Code, from which a vernacular crime theory could have been developed. This is how it became possible, considering the most primitive core of the Penal Code. Starting from these meanings to open meaning and/or descriptions is to operate from the inside out.