Criminal Law, the Branch of Social Sciences that influences the Public Good
Introduction
Criminal law is covered in the branch of Social Sciences or Law Sciences, it is gradually influences the public good reaching all fields that seek to be justice techniques whose domain represent a special importance for the individual or individuals in protection.
They also consist of fundamental elements such as the supremacy of laws that always occur with basic aspects for the benefit of society;reason why we find definitions of philosophical or legal order
We can define it as a general character according to concrete expressions of many experts. Covering the subject trends, which entails a scientific framework that entails precise concepts of small terminologies itself.
Determine the compression that this integrates in which its objective can be understood as the study of crimes and understand the laws that are generated both for the criminal and the affected by systematizing the social reaction expressed in the laws. This social reaction aims to sanction according to the background, to understand all the commitments and purposes generated in the representation of the State imposing in turn definitions that represent objectives of a legal nature to the study of the crime
The function of criminal law in which it allows to establish the punishment imposed by certain legal penalties for example, the imprisonment of a prisoner for committing criminals who represent a public malpc. The main objective is to promote respect for legal assets (it can be the individual as a community in general) to carry out this, the behaviors that are aimed at endangering or injuring a legal good are prohibited.
Developing
The fundamental basis in the criminal law of our country is the Integral Criminal Organic Code (COIP) announce that in art. 18 The criminal offense: which is based on the behavior, unlawful or guilty whose sanction is prior to this code.
The negative aspects of this act can be validated or affirmed as crimes with voluntariness, these can manifest with a rationality to physical force in which there are no acts due to absence of behavior, physical strength or involuntary expressions that precede exclusive causes as statedthe art. 24 of the Organic Integral Code: ”The damage or dangerous results are not criminally relevant, resulting from an irresistible force, reflex movements or state of full unconsciousness duly proven.
In this criminal field it is preferable to be approved as such from a crime, then prove the guilt and then be decided by trial, thus determining with certainty if a crime has been committed, ending substantling the guilt judgment towards the accused or the owner of the owner of theact.
It is organized in the form of the Republic and, is governed decentralized, through this law is where people cannot be discriminated against by their sexuality, culture or religion, since our country accepts it and that is where freedom of expression originatesand freedom of worship. "The right has basic norms to live honestly, not damage others, and mainly be equitable" (BARREZUETA, 2004)
Being the faculty in the objective of legal norms that gives in human behavior being its foundation the concept of activating the true actions towards a nation represented by law in question and the executive sphere criminal science has always followed as a last path for its essenceIn material or functional being the philosophy of criminal law (Mandela, 2004)
(BARREZUETA, 2004) Article 51.- Grief.- The penalty is a restriction to the freedom and rights of persons, as a legal consequence of their punishable actions or omissions. It is based on a legal provision and imposed by a conviction executed
Criminal law has, apparently, a double contradictory function against people’s rights. On the one hand, it protects rights and, on the other, restricts them. From the perspective of the victims, it protects them when someone has been seriously injured. From the person who is in conflict with the criminal law, they can exceptionally restrict their rights, when a person violates the rights of others and justifies the application of a sanction. Therefore, criminal law must determine the limits not to fall into private revenge, or impunity. . As noted (COIP, constitutionalization of criminal law, February 10, 2014)
Article 43.- Partners in crime.- The people who, in a malicious way, facilitate or cooperate with secondary, previous or simultaneous acts will respond as complicit in the execution of a criminal offense, so that even without those acts, the infraction would have been committed. There is no complicity in guilty infractions.
The right of sentence execution has been doctrinal and legally divorced from procedural law and substantive criminal law, in all its dimensions. Once the sentence has been issued, without the prolongation of the penalty, the judges have no relationship with the effective fulfillment of the sentence. There is no judicial control over prison conditions, sentences are not effectively fulfilled and the administration has been in charge of an unique body and with immense discretionary faculties. If the prison conditions are added to this, which are deplorable, the lack of reliable statistics, the absence of records and the arbitrary way of establishing sanctions within the centers, it is concluded that it is urgent to carry out a creative, integral and coherent reform inThe rest of the criminal system (page. 4)
This code aims to regulate the punitive power of the State, to typify criminal offenses, establish the procedure for the judgment of people with strict observance of due process, promote the social rehabilitation of sentenced persons and the integral reparation of victims. (February 10, 2014) “Constitutional supremacy is considered as a self-sufficient legal norm, that is, it does not need to support another law or legal basis to be applied and at the same time direct that centralizes a single objective and does not leaveits context ".
In relation to the penalty execution code, this legal body was first published in 1982 and has been reformed ten times. Criminal regulations in force, prepared without considering substantive and procedural norms, are inapplicable for their inconsistency. Technically, a person who has never been “enabled” cannot be rehabilitated, nor reinsert it in a society that is not ideal for reintegration either. In addition, the system works only if it has the will of the convicted people. This has generated, in short, spaces conducive to violence and corruption. (2007) defines that: “Democracy etymologically is the power of the people, but not everyone likes definition and that is why before answering question what we are looking for about democracy of democracy."
conclusion
Realize the advantages that equals us in the laws as well as the norms in which natural or legal persons are guaranteed, differentiate criteria in criminal law, investigate the doctrines in which a penalty with formulation is designated to a criminal law.
It is essential to realize that the beginning of the essay we refer to the approach itself, being advantageous, since the main objective could be distinguished in the subject and help to know how each law is fundamental and for what each law is fundamental, since the lawsThey go with agreement between them
It seems very nice that the laws were strengthened in certain types of aspects by encapsulating the good judicial systems that have been maintained in the same structure in which you can and want to promote a change, political and social, and if changes can be generated in thelegal structures without the community in general feeling harmed to its judicial system structure.
The law in which these types of crimes are considered most frequently the argumentatives that allow the better understanding and give resolutions for or against the subject to a value judgment.
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