Search

The article begins with a brief outline of the main current theories on the role of punishment, recognizing both the dominance of special prevention as the primary function of criminal law enforcement, and the boom experienced by modern expressive-retributive theories, and its relationship with a positive general prevention theory as the one held by Jakobs. Then, the possibility to explain the treatment given to the different cases of criminal reiteration from the purposes posited by the different theories of punishment is analyzed. Thus, five cases of criminal reiteration are distinguished and the distinctive quality of each is determined: the apparent concurrency (including specialty cases, subsidiarity and consumption), the continuing offense, the real concurrence, recidivism and ideal concurrence. This allows analyzing the treatment that each theory of punishment should grant to every criminal reiteration case in order to support the central role attributed to criminal punishment. [ABSTRACT FROM AUTHOR]

Copyright of Veritas is the property of EDIPUCRS - Editora Universitaria da PUCRS and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Se presentan los temas abordados en este número de la revista que incluye la democracia radical de la alemana Hannah Arendt, las mujeres trabajadoras antioqueñas y el penalista Günther Jakobs.

The author discusses some approaches Günther Jakobs on enemy criminal law, notably the argument that those individuals who do not provide sufficient certainty cognitive part that in the future in the legal community should not expect to be treated as persons. This thesis faces the challenges of the constitutionalization of relations international policies in the context of international corpus of human rights and the fact that in this, so even those repeated challenge or attack "order" must be treated as persons. [ABSTRACT FROM AUTHOR]

The article revolves around the thinking model of «normative » functionalism formulated by Günther Jakobs and his methodological basis that has led his theory of punishment to the ambiguous concept of the «enemy criminal law» as a theory of a criminal law of exception. [ABSTRACT FROM AUTHOR]

The article describes, without considering particular cases — and preferably by consulting the work of Günther Jakobs and some of his commentators — the main features of the Criminal Law of the Enemy, abstractly. This, so as to evaluate their compatibility with the concept of Human Dignity, present in the majority of contemporary constitutional systems as well as in Human Rights protection systems. It is argued by applying the general statement, proposed by the theoretical neoconstitutionalism, specially the principle that stresses the hierarchical structure of legal systems, in which the existence of a law depends on its compatibility and adequacy relative to higher laws. Through this work, we focus on the main non-positivism in the theory of law. It proposes that laws that recognize the Criminal Law of the Enemy are unconstitutional if Human Dignity is included in the pertaining legal system's Constitution. It concludes reflecting on some features of Criminal Law of the Enemy, which cause irreconcilable issues with the concept of Human Dignity. [ABSTRACT FROM AUTHOR]

The following article is the final product of the (legal-sociological) investigation seminar directed by Gustavo Cote. Based on 2002 decree of the year 2002, the one that created the rehabilitation and consolidation zones in Colombia, this article studies the characteristics that those zones showed. Afterwards, by studying some authors who have developed the concept of "enemy criminal law", the article makes a link between this one and the rehabilitation and consolidation zones. The article specially analyses Günther Jakobs and Alessandro Baratta stands, and finally it finds out, in a critical way, that both, enemy criminal law and a particular criminal policy, are tools of a specific politic project. [ABSTRACT FROM AUTHOR]

The present essay provides of the principle characteristics composed and proposed by professor Günther Jakobs regarding criminal law of the enemy. Next, the article contrasts the aforementioned Law to the concept of "quimera," or wishful thinking, with the intention to discover if the criminal law of the enemy is a mere description composed of fake elements or if a future model in favor of civil security can be constituted. Finally, the article clarifies the necessity to think about the future of criminal law at the mercy of the protection against dangers and not of certain freedoms.

El artículo presenta un discurso realizado por Dr. Günter Jakobs a la Universidad de San Martín de Porres enfocando en cuestiones con respeto a la dogmática penal funcionalista.