Criminal Law And Its History

Criminal Law and its History

Introduction

Criminal law is part of law in general that as we have already studied, it is responsible for complying with the legal norm that regulates societies, taking into account the punitive power of the State, this right is also called as a penitentiary right,Therefore, it is that area of law that deals with penalties and those measures deprived of liberty or certain rights. Philosophy of Criminal Law: provides the bases that regulates criminal law.)

Introduction

History of Criminal Law: analyzes the evolution of criminal laws and institutions of criminal law, legislator must be extremely important. Comparative Law: Compare the internal norms of a country with the laws of other countries, legislator can account for efficiency, efficiency to have a greater. Criminal Law: Mark the field of action of the other branches. Criminal Procedure Law: It is the instrument that gives effect to criminal law, allows criminal law to be effective. (instrument, methods, system.) Criminal Executive Law (Penitentiary): It is said that it is not an autonomous branch, it should belong to administrative law.

Another position argues that it is an autonomous branch, has its own rules and institutions, judges of penitentiary guarantees are responsible for execution and sales of penalties, regulate the rules of semi -liberty and pre -liberty and guarantee rights. Criminology: It arises in the nineteenth century as an explanatory causal science, it arises in the application of positivism is interested in the study of criminal conduct, in its essence it is responsible for the study of the causes of both individual (inherent) crime and social causes, social causes,With the progress of the study, he was also interested in the reaction of a society and the youthful crimes or white collar crimes.

Criminal Anthropology: Cesare Lombroso Father of Anthropology, said that if the criminal is born (born criminal theory) study of the physical characteristics that had criminals in common, studies the physical-organic characteristics that can lead a person to be a criminal. Criminal Psychology: It focuses on the psychology of the criminal and also of the victim. Criminal sociology: social factors that may be determining the commission of the crime example: economy, social, educational, labor. Victimology: It is the study of the victim and its psychological, physical, social factors that have determined the crime. (Revictimization.)

Penology: Study of penalties from the individual or collective point of view of people deprived of liberty. Criminalistics: Analysis or study of the material elements of the crime (body of the crime). (Evidence, recognition of the place, custody chains) Tests that help verify the action of a person in a crime. Legal Medicine: It is a medical branch that helps to throw data that in between is the material object of the crime is the human body especially in crimes against life, injuries, sexual crimes. Forensic Psychiatry: Plasma the circumstances of the psychic elements of the person who can commit a crime (mental condition that does not allow him to have notion of the norms.)

Criminal statistics: number of crimes, greater incidence, that crimes are commented more, etc. Criminal policy: In this item we put the Government and the State as the main action actor where it is expected to seek solutions for the decrease in crime in a nation, specifically they seekthe crime. Reyes Echandía emphasizes that from the liberal ideas developed during the 18th and 19th centuries, in relation to the basic concepts of crime and penalty, doctrinal currents were structured that gave rise to true legal-criminal schools, among which theClassic and positive.

The main representative of this school was Francisco Carrara, being one of the most complete and coherent exhibitors of the 19th century criminal thought. Classic criminal law is mainly based on the political philosophy of liberalism and aims to give criminal law a function of guaranteeing freedoms and human rights, eliminating abuse and arbitrariness in criminal justice. For this reason, the starting point, on which they built their legal-penal building, is the principle of legality, an essential guarantee of citizens against abuse of power. A logical-abstract method is used.

Which establishes the scope of legal institutions through a syllogism, whose major premise is the law and the minor premise is the behavior of the offender, it reaches the sentence as a conclusion. According to Carrara, the crime must be seen as a legal entity, understanding as such the contradiction between human behavior and criminal law;In order for this behavior to be qualified as a crime in it, two forces must converge: physics and moral. This analysis is completed with the examination of the quality, quantity and degree of crime, to establish the specific responsibility of the offender.

According to the classics, the ultimate foundation of criminal responsibility is moral imputability, which in turn is a consequence of free will. Therefore, only people who have intelligence and will to decide will be attributable to decide, that is people who have psychic normality. Mental alienated will not be attributable, for lacking this normality;Nor do children, because they have not yet reached the sufficient degree of psychic development. The positive school arises, then, as a very critical replica to the postulates of the classical school and its precursor is César Lombroso.

The starting point of this school is the desire to apply to the study of crime, the offender and of crime, the principles and methods of the experimental sciences, of scientific positivism;and deduce from this study the legal alternatives to effectively address the criminal phenomenon. In contradicting the affirmation of the classics, positivists argue that crime is a de facto entity, an act of man, a natural and social phenomenon, produced by endogenous and exogenous factors of the person. Hence the interest in studying the man who committed this fact and the environment that caused his commission. 

Positivists deny free will as the foundation of criminal responsibility. Man is not free, they say, but is predetermined to act in a certain way by the decisive influence of the factors already indicated. Every criminal is a sick being. The healthy subject does not commit crimes. Therefore, the measures adopted by the State apply exclusively in defense of society. Criminal Policy School. Headed by Franz von Liszt and is based on a legal method to investigate the content of criminal law;The social phenomenology of crime caused by endogenous and exogenous factors, and a remuneration penalty in order to protect common interests. 

Casualist or naturalistic school: A simple causality factor is imposed on action, the action generates a result, but so that this result that there is a causal chain, if one of these is eliminated, the result does not occur. Finalist school: Sustained by German Hans Wezel that establishes that the action is the basic element of the crime, placing within it the intent, which is understood as the will that manifests itself in a result, which moves this element of thescope of guilt to typicity. Human action is the exercise of final activity, the action is therefore final events, not only causal, because man thanks to his causal knowledge, can determine within certain limits the possible consequences of his actions. 

conclusion

Final activity is consciously oriented from the end. For Wezel: "Causality is blind while the purpose is evident" functionalist scientific-social school. Sustained by Hassemer and Jakobs, which opposes the principle of guilt and proposes to replace it with the principle of proportionality that would abandon guiltyism, in order to achieve a general crime prevention. Abolitionist tendency: advocates the uselessness of Criminal Law and advocates that the conflicts found in society are solved in different ways such as: educational, therapeutics.