Jueces penales y punitivismo en España

This paper aims at clarifying the role judges have played in the trend towards punitivism in Spain. Official data on punishment in Spain cannot be used to do this, so we resort to research conducted with primary data on the judicial imposition and implementation of sentences. We compare data from 19...

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Bibliographic Details
Main Authors: Blay Gil, Ester, Varona Gómez, Daniel, López Riba, José María, Jiménez García, Juan
Format: Article
Language:Spanish
Published: 2021
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Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8705390
Source:Revista Española de Investigación Criminológica: REIC, ISSN 1696-9219, null 19, Nº. 1, 2021
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Summary: This paper aims at clarifying the role judges have played in the trend towards punitivism in Spain. Official data on punishment in Spain cannot be used to do this, so we resort to research conducted with primary data on the judicial imposition and implementation of sentences. We compare data from 1998 and 2015/16. In order to isolate the variable “judge” we only compare property crimes committed without violence or intimidation, because there have not been relevant legislative reforms concerning their publishment in the Criminal code. Statistical analyses show that in 2015/16 judges tended to impose prison sentences to a larger extent than in 1998, albeit they are shorter, and they suspend them more often. The paper concludes that, according to available data, Spanish judges do not seem to have contributed to a punitive growth in our penal system.