The scam as a crime of danger: structure and consequences

Abstract

The author traces the traditional model of the scam, as a type of injury and a material result, to suggest that this dogmatic category does not coincide with the typicity of the basic and residual figures of the same. He suggests that the Chilean model is more in line with the idea of a type of physical activity and danger. For this, the recognition of part of our doctrine and jurisprudence, the subjective element of the type, profit motive, takes on real transcendence for the model. Finally certain objections are recognized,  which in any case, collapse the dogmatic approach that is believed correct for this new model.