Basis and Limits of Impunity for Collision of Duties in Criminal Law

Abstract

The paper argues that the conflict of duties raised by Juan Pablo Alonso between articles 176 par. 3º and 302 par. 1 of the Argentine Criminal Code finds a simple solution in the legal system. Specifically in Article 34 par. 4 of the Criminal Code. This rule prescribes that actions carried out by an agent in fulfilment of a legal duty are not punishable. In this sense, in my opinion, only the agent who pays the cheque will be punishable (Art. 176 par. 3 of the Argentine Criminal Code); whereas, if he does not pay the cheque, his actions will be justified by Art. 34 par. 4 of the Criminal Code, so that the typical conduct prescribed in Art. 302 par. 1 of the Criminal Code will lack unlawfulness. Given that, in my opinion, the (dominant) opinion that holds that Art. 34 par. 4 of the Criminal Code operates as a cause of justification must be supported.