Régimen de hipercualificación del delito de asesinato en el derecho español contemporáneo
The regulation of crimes against independent human life in Spain suffered an important modification through the Organic Laws 1/2015 and 2/2015. The most remarkable was the consideration of one of the modalities of hyper-qualified murder which led to the imperative application of one p...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7026531 |
| Source: | Misión Jurídica: Revista de derecho y ciencias sociales, ISSN 1794-600X, Vol. 12, Nº. 16, 2019, pags. 163-195 |
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| Summary: |
The regulation of crimes against independent human life in Spain suffered an important modification through the Organic Laws 1/2015 and 2/2015. The most remarkable was the consideration of one of the modalities of hyper-qualified murder which led to the imperative application of one penalty with major repercussions: revisable permanent imprisonment. A review on the chronology of the most relevant murders before the reform attests on how the popular parliamentary group benefitted from the occasional social alert to turn the reform of these precepts and, thus this penalty, into an authentic electoral slogan. Precisely, the haste and opportunism that accompanied these laws turned out into a flawed regulation of homicide and murder and their correspondent qualifications, contaminated by a moralization of the unfair that had been allegedly surpassed, disturbingly inexcusable vinculation of penal intervention to the identifiable legal assets, plagued of terminological imprecisions, devoided of systematic completion and susceptible to numerous problems on proceedings. Furthermore, the solutions that have been wielded against this legislative gibberish have not always been peaceably shared by the doctrine and legal practitioners. For all that, it can be concluded that only a return to a sober and systematic regulation of this penal types is possible, free of prejudices without an empiric basis and that adjusts the legislative technique with the proper political-criminal principles and Criminal Guarantees that take hold in the Constitution of our social and democratic State of law. |
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