Elementos para la revisión crítica de la relación entre el derecho penal y la vigencia de los derechos fundamentales en una sociedad posmoderna
The overcoming of an armed conflict, and a violent past in general from the lens of transitional justice, demands not only the prosecution of those criminal behaviors considered not subject to pardon or amnesty, but the result of accountability that underlies to the exercise of criminal action in th...
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Main Authors: | , , |
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Format: | Article |
Language: | Spanish |
Published: |
2017
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6749238 |
Source: | Iustitia, ISSN 1692-9403, Nº. 15, 2017, pags. 107-128 |
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Summary: |
The overcoming of an armed conflict, and a violent past in general from the lens of transitional justice, demands not only the prosecution of those criminal behaviors considered not subject to pardon or amnesty, but the result of accountability that underlies to the exercise of criminal action in the prosecution of international crimes must permit a critical revision of the structures of ordinary criminal law, which in one way or another contributed to the deepening of the causes of the armed conflict. For this reason, the revision of notions such as impunity, punishment and the guarantees of criminal law and criminal procedure has such importance, as not only the success of the transitional justice exercise depends to a great extent on the operation of the system, but the ordinary criminal law system will be strongly impacted in its categories. |
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