El derecho penal del enemigo. El problema de su legitimidad a la luz de algunos de sus defensores y detractores
This article is an analysis on that in doctrine has been named criminal law of the enemy, manifestation of the Law that is characterized by a reduction of the barriers of affectation of the fundamental guarantees, advancement of the barriers of punishment, and a marked punitive rigor, between other...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Universidad Bernardo O'Higgins
2012
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3975800 |
| Source: | Ars Boni et Aequi, ISSN 0719-2568, Vol. 8, Nº. 2, 2012, pags. 145-184 |
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| Summary: |
This article is an analysis on that in doctrine has been
named criminal law of the enemy, manifestation of the Law that is
characterized by a reduction of the barriers of affectation of the fundamental
guarantees, advancement of the barriers of punishment, and
a marked punitive rigor, between other characteristics that give life
to this polemic way of understanding the exercise of the state force.
In this context there is effected a synthesis of diverse positions, so
much to favor as in against, of this way of understanding the criminal
law, with special emphasis in the favorable receipt that the same
one has had in our country. This way, once presented this scene, and
like conclusion, to assume a position concerning the legitimacy of
the above mentioned conception in the parameters of a Democratic
Rule of Law. |
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