Justicia restaurativa y derecho penal canónico: aspectos sustanciales
Without extending to us in theoretical aspects too much, the best way to present/display reparative penal justice is to confront it with both models of penal right before which it tries to represent a progress, is in which it talks about the function of the pain, it is with respect to his characteri...
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| Format: | Article |
| Language: | Spanish |
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Universidad Católica de Valencia "San Vicente Mártir"
2014
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4952239 |
| Source: | Anuario de derecho canónico : revista de la Facultad de Derecho Canónico integrada en la UCV, ISSN 2254-5093, Nº. 3, 2014, pags. 13-30 |
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| Summary: |
Without extending to us in theoretical aspects too much, the best way to present/display reparative penal justice is to confront it with both models of penal right before which it tries to represent a progress, is in which it talks about the function of the pain, it is with respect to his characteristics and contents. It is insisted much on which the task does not belong to the pain in himself but in the penal opinion of expressing the social judgment on the gravity of the crime, sights the subjective aspects that the relation with the victim implies. Some interpretative problems appear next that the effective canonical penal right creates and that is considered enriching to resort to the theory of reparative justice. It is then tried to restore that justice in which it finds foundation the identity of the Church like salvific community, formula that, in addition to on the objectives of the pain, can also orient on its positive contents. When talking about to a superior justice the emeriti Pope indicates three keys that seem to me useful for the reflection on the crime and the penal reaction before he himself, like reestablishment of justice. |
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