Query : derecho penal
- Gustavo Rendón G.11
- Cecilia Ivonne Narváez-Zurita7
- Jorge Ortega Torres7
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- Antonio Eduardo Ramires Santoro3
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- Maríangel Rodríguez Rosano3
- Michel Porret3
- Milić Ivan D.3
- Nayla López Arienti3
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Unconstitutionality of Article 94a of the Criminal Code, which provides that criminal proceedings are not time-barred in respect of certain sexual offences committed against minors
Summary The work analyses the constitutionality of Article 94a of the Criminal Code (CC) in the light of the grounds given during the processing of Law 21.160 to justify the removal of limitation periods from a catalogue of sexual offences involving minors. For the purposes of the analysis, the work...
Putting Penal Reform on the Map: Prisoners’ Rights Movements and Penal History
This paper examines the influence of organisations representing “ordinary” prisoners in the Republic of Ireland in the 1970s and 1980s. Although these organisations have been eclipsed in popular and academic studies by protest movements among politically aligned prisoners, they deserve more attentio...
Health and safety at work. Application of the Law of 10 July 2000 to facts not finally adjudicated on
European rules, American lands: the Archaeological Heritage Protection System in the French West Indies (F.W.I.)
International audience The French West Indies (F.W.I.) were French colonies with a specific legal frame until 1946 when they became French departments. Since that time the legal frame in force concerning archaeological heritage protection is exactly the same than in metropolitan France. In this syst...
The State and its responsibility for marginalisation of vulnerable zones
The State and the responsibility of public administrations in processes of marginalisation of vulnerable zones. A reflection on L. Wacquant’s vision. Recently, in the framework of the International Seminar on Criminal Law and Criminology held at UNED for a number of years, I had the opportunity to r...
The civil obligations and victims of abduction in Colombia
The article deals with the victims of abduction in Colombia and the development of case-law by the Constitutional Court, which, in accordance with the principle of solidarity, resulted in a criminal policy that transformed the civil obligations assumed by them prior to the abduction. The question of...
Older adults deprived of liberty in Colombia
"The aim of this text is to inform the concept of the largest adult (MA) and to characterise the largest adult population deprived of liberty (ampl) from a socio-demographic, legal, prison, psychological, sociological and economic perspective. It also aims to analyse the criminal capacity of MPs and...
Be a court judge for children in Turkey. Between criminal law enforcement and social considerations
This article seeks to understand the ways in which children’s judges engage in the judiciary in Turkey. It reveals two categories of judges? those who make ‘? code?’ a priority, and those who prioritise ‘? file?’. The analyses also confirm that the practices of judges adopting a position of technici...
The criminal-law protection of religious sentiments: the Spanish case
Summary. This study analyses the Spanish criminal legislation on the protection of religious feelings, as well as the criticisms made for its maintenance. An assessment of comparative European law is made, in the light of the German, Italian, Portuguese and French legal systems, and the protection o...
Revisiting the Interaction between the ICC and National Jurisdictions as a New Gateway to Strengthening the Effectiveness of International Criminal Justice
`titrebSummary`/titrebThis article explores the effectiveness of international criminal justice setting out from the doctrinal thesis of the “integrated law-enforcement system” based on the “shared governance” of public functions between State and international institutions. Particularly, the aims o...
Pardon, measurement and discipline. The awards of the Apostolic Penitencery (XIIIth centuries)
The policy area of the Apostolic Penitencery — a papal office that was born under the pontificate of Innocent III (1198-1215) but only slowly institutionalised — is most difficult to define given the limited number of sources we have for the eighteenth and fourteenth centuries. In the letters and fo...
Protection of victims and education in juvenile criminal proceedings
The dissertation investigates in which way the juvenile penal law allows for victim rights. This ques-tion is treated dogmatically and discussed in the lights of an empirical survey made specifically for this dissertation.
Penalising the use of drugs in France as a mirror of administrative statistics: Issues at stake and controversy
contrary to the common view that the Law of 31 December 1970 is being applied less and less, an analysis of police and judicial statistics shows that the criminalisation of drug use is increasingly systematic in France. The interpretation of developments in the repression of drug use reveals differe...
International criminal law and the amnesty case: the Farc case
This article asks whether it is possible in a government negotiation process with a rebel group to propose an amnesty or legal pardon for international crimes. On the one hand, international criminal law has made it possible to punish the most serious crimes through the intervention of international...
Legal profile of the medical pain control: At the same time, treatment of indirect active euthanasia
This work focuses on the regulatory treatment of palliative care. Without encroaching on other branches of the legal system, the instruments specific to criminal law are used to that end, thus affecting the pathological situations of the system and, consequently, the more exceptional cases within wh...
Socio-legal analysis of the system of juvenile criminal liability (Énfasis in the Colombian case)
Stolen babies case in Spain: a current approach from Penal Right
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At the heart of Saint-Mître, sociology of a supervised residence centre (1944-1945)
The internment camp is not a distant or past object but a method of centuries-old management of displaced populations in France. From a socio-historical perspective, we studied a supervised residence centre in operation in the Liberation. An analysis of the archives of the Directorate for Supervised...
The evidentiary prohibitions on Ernst Beling’s site: determining its scope and impact on the Chilean criminal procedural system
Summary The work seeks to analyse the origins and legal context in which the theory of prohibitions of evidence was conceived, initially proposed by the German lawyer Ernst Beling. The impact that this proposal has had on Chilean doctrine and case-law will also be set out.
The impact of European Prison Rules on living conditions in French prisons
The prison has long been a greg area. Today, many eyes are focused on it, promoting the recognition and evolution of the positive rights of the imprisoned person which continue to expand and become generalized at a time when the issue of prisoners' rights is part of the integral part of the general...
The Kaiser is a bump and bolt: Majesty insult by Kaiser Franz Joseph
The subject of this study is the criminal prosecution of insulting remarks about the emperor in the Habsburg monarchy in the second half of the 19th century (1852-1918). The first chapter discusses the historical development of the protection of state and sovereign through penal law that resulted in...
The occupational disease and its interconnection with the accident at work
Because of the distinction between common and occupational contingencies, we describe the different positions taken by the doctrine, on the one hand, in favour of maintaining the distinction between common and occupational contingencies and, on the other hand, the doctrine supporting the view that j...
PRINCIPIOLOGIA OF THE ECA IN THE CASE OF JONATAS BABIES AND THE ACCUSATION OF PATERNAL CRIME: socio-legal representations on the right of the child and the duty of parents
The case of the baby Jonatas, a Catarinense child with an extremely aggressive disease, has mobilised a good number of financial donations, both in kind and in gênery. The public controversy arose from some attitudes of the child’s parents after the gifts, in which goods were purchased and travelled...
The reception of the positivist School in the Spanish criminal law doctrine (1885-1899)
This work describes the reception of the positivist school in the Spanish criminal law doctrine in the late nineteenth century. In doing so, the main authors, their works and mutual influences are critically analysed, giving a complete picture of the reception of the primary theory, the positivist o...
More human criminal law for adolescents who infringe the law
The crime today is very complex. It is therefore easier to persecute young people with features of indigenous or Afro origin, who are already stigmatised and who belong to lower social classes. There, the ‘danger’ is always seen. The capitalist system needs to build the image of a feared young offen...