Criminal Law: Functions, Theories, and Principles

What are the Functions Assigned to Criminal Law?

Civil legal asset protection and motivation.

What Underpins the "Absolute Theory" of Grief and How Critical is it?

They look to the past. They see the punishment as "pay" for the harm caused by crime. It is based on the idea that punishment has no other basis than the crime. The penalty exists because a crime has been committed. The basis of punishment is what is known as remuneration.

What are the Main Theories About the Penalty?

• General Prevention: Finds the justification of punishment with the threat and is subjective to individual application (which does not respect the threat will be punished). That is, it leaves the idea of intimidation, formerly General Prevention Negative and now positive.
• Special Prevention Theories: Their focus is directed on the person to whom the penalty is applied, trying to make the subject not re-offend.

What Theories of Punishment are Based on the Idea of "Prevention"?

See the previous answer.

What is the Approach of "Mixed Theories" or "Union"?

The penalty should be proportionate to the seriousness of the offense and should take a special preventive function to retrieve the subject and not re-offend, promoting their social reintegration.

What Guidance Should the Penalties Take Under the Spanish Constitution?

Article 25.2 of the CEA says "The deprivation of liberty and security measures will be geared towards rehabilitation and social reintegration and cannot be forced labor."

What Guidance on Penalties and Security Measures Does the Spanish Constitution Highlight?

Social rehabilitation and reintegration, referring to prison legislation. This is to ensure that with custodial sentences the offender does not leave worse than before entering prison.

What is the Basis of Security Measures Under the Criminal Code?

Precept referred to: art. 6.1 CP "Security measures are based on the criminal dangerousness of the subject to be imposed, externally in the commission of an offense intended."

When Will a Security Measure Replace the Penalty?

That is, it replaces the penalty when this does not apply and there remains a danger, being subject to limits that are written in Art. 6.2 CP.

Do "Security Measures" Only Serve to Replace the Sentence or Also to Complement it? In this Second Case, in What Way?

Also to complement them. Applying the label accumulation or fraud or vicarious system.

In the Case of a Security Measure to Complement a Penalty, What System is Right and What is it?

In combining the application of punishment and security measures, giving priority to implementing it, as this will be more beneficial to the defendant.