Mistake of Law and Professional Advice: The Leo Messi Case

Abstract

The prohibition error is an exemption from criminal responsibility that operates when the perpetrator of a crime executes his conduct without knowing that it is illegal, that is, without knowledge of unlawfulness, or, knowing that his conduct is illegal, deduced that his acting was allowed due to the existence of a justification cause, which, in reality, was not presented. The present work has the objective of fully explaining the criteria established by the legal-criminal dogmatics that are applied to the described legal figure. In addition, the current article tends to generate a space for analysis and reflection in the modern social field, adapting the theories postulated to the circumstances that are experienced in the present material reality, with respect to people who, by showing a personal heritage on a large scale , are subject to criminal proceedings for committing the crime of tax fraud, as is the case of Lionel Messi , a football club Barcelona player, since the professional football player was prosecuted for defrauding the treasury in 2016. Therefore, it seeks to demonstrate that it is simply enough for a legal professional to issue the wrong advice for the prohibition error to be configured.

Keywords: Prohibition error, culpability, motivation, Lionel Messi, professional advice.