Criminal Law as Criminal Prevention
Introduction
What is the subsidiary nature of criminal law? “In a social and democratic state of law, criminal prevention mechanisms must implement outside the orbit of criminal law with a view to preserving peace and harmony in general. Both social policy dejudicializes Dora and extrapenal sanctions, within which conciliation, police requirements, failures issued in civil, labor, disciplinary processes are found. They contribute to solve a high number of daily controversies, far from the sphere of criminal law ”.
Developing
This principle, also known as subsidiarity or last ratio, enters to operate when determining or control policies mentioned above fail, sharpening social conflicts, making the application of the ius puniendi necessary in order to guarantee the prevalence of the social order. In other words for easy understanding for other colleagues. It is based on the final principle legis or (last legal reason) and minimal intervention, that is, they are only regulated as crimes to those behaviors that cannot be evaluated by other branches of law. Also in judgment C – 647 of 2001, of the Honorable Constitutional Court.
It gives us a better interpretation through a providence of this principle, namely: penalty- last resort/criminal law- last ratio. Why the very personal character of criminal law? The very personal character of criminal law is due to the fact that security measures and penalties can only be imposed on those who have personally incurred and committed a crime, so it is said that criminal responsibility is personal, where there is only an active subject thatIt is the person who committed that crime, thus, that before a criminal act he only responds who has committed the crime, likewise the penalty imposed on the offender does not transcend any other person.
conclusion
When this penalty dies, it is extinguished along with criminal responsibility. How criminal law guarantees social control? The way in which criminal law guarantees social control is that it offers one of the most effective legal instruments provided by the State;To avoid and punish the most reprehensible behaviors that disturbed peace and are not socially accepted, where a corrective is imposed, due to their performance, to ‘punish it’ for its behavior. And to guarantee effective social control, peace and harmony. In this way, the IUS PUNCIEND is given, which refers to the sanctioning faculty of the State, which is legitimized to exercise social control over the members of the community.
Leave feedback