Usurpación. Tipo penal. Atipicidad. Actos posesorios. Derechos reales.
Corresponde confirmar la resolución de grado en cuanto dispuso no hacer lugar a la excepción por atipicidad de la conducta. En efecto, la defensa sostiene que la denunciante no era poseedora, tenedora ni titular del derecho real de dominio sobre el inmueble, de manera que la conducta no podría subusumirse en el tipo penal de usurpación.
Sin perjuicio de ello, el recurrente desconoce que los derechos reales sobre los inmuebles no son elementos del tipo penal, sino que lo es su ejercicio. Así, si bien el conocimiento de la titularidad registral de la finca es necesario en el proceso a fin de echar luz sobre ciertos aspectos, lo determinante en este caso es definir si sobre el bien se ejercía la posesión o la tenencia. En este sentido, quien ingresa regularmente y ejecuta actos de mantenimiento, además de pagar impuestos y utilizar el lugar como depósito, evidentemente ejerce actos posesorios, ya sea comportándose como dueño (posesión) o reconociendo que el dueño es un tercero (tenencia). Por tanto, es incorrecta la afirmación del defensor cuando considera la ocupación y la posesión como sinónimos, pues la ocupación puede ser una forma de posesión, pero no es la única.
CÁRPENA, Sandra Verónica, Cámara de Apelaciones Penal, Contravencional y de Faltas, Sala II, causa Nro.: 1093-03-CC-2013.(Del voto de Dr. Fernando Bosch, Dr. Pablo Bacigalupo, Dra. Elizabeth Marum). Sentencia del 29-04-2015.
CVer fallo completo: CARPENA, Sandra Verónica
FUENTE: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires.
(El contenido puede ser reproducido libremente, y no genera responsabilidad por ello, bajo condición de mencionar la fuente y esta advertencia).
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If you are nevertheless on the fence: grab your favourite earphones, head down in direction of a Least difficult Buy and question in the direction of plug them into a Zune then an iPod and see which a person sounds much better toward on your own, and which interface creates by yourself smile even further. Then you can expect to realize which is right for by yourself.
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Apple at this time includes Rhapsody as an app, which is a ideal start off, still it is by now hampered by way of the incapacity to retail store regionally on your iPod, and is made up of a dismal 64kbps bit price tag. If this changes, then it will relatively negate this ease for the Zune, nonetheless the Ten music for each thirty day period will continue to be a substantial as well as in just Zune Pass’ prefer.
If you might be nonetheless upon the fence: seize your favorite earphones, thoughts down to a Best Get and question in the direction of plug them into a Zune then an iPod and see which 1 sounds superior in direction of by yourself, and which interface would make by yourself smile added. Then you may understand which is straight for on your own.
I am going to tools this critique in the direction of Two designs of human beings: latest Zune home owners who are looking at an enhance, and men and women attempting to determine involving a Zune and an iPod. (There are other gamers importance looking at out there, including the Sony Walkman X, still I hope this features your self ample data towards make an aware determination of the Zune vs gamers other than the iPod line as well.)
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