* Globalization of Criminal Law and Criminal Policy
* Criminal Policy and Social Reality
* Features Criminal Policy
* Difference between Criminal Policy and Criminal Policy Theoretical
* Freedom of Information and Criminal Policy
The issue that we will develop is “The Criminal Policy and Social Policy of the State General” in our country a program that includes the problem of Criminal Policy and decisions can be made on it, is difficult but not impossible.
We should know, if citizens are satisfied with the classification or selection of crimes and where the greatest effort is directed investigative or repressive.
The way is planned and executed the crime organized reaction depends on the means available to the State. So to have an exact knowledge of criminal policy, must take into account the socio-economic reality that has influenced its structure and, conditions its application.
The socio-economic situation prevailing in our country, as a country dependent and developed sub is the result that we have a long process of Spanish colonization, here we wonder how the Peruvian State reacts against crime, political or social structure that has to improve living conditions for the citizens
If you need a change, to apply the law properly. Provided it is true that the penalties have a preventive, protective, restorative and resocializing also security measures that pursue goals of healing and rehabilitation.
The Criminal Policy is a part of the Social Policy General, is all that the State makes to society.
I. GLOBALIZATION OF CRIMINAL LAW AND CRIMINAL POLICY
Speaking of crime and criminal law and criminal policy will always remain but there will be a Europeanization and, to some degree, a “globalization” of criminal law. With that notion in the end I mean that trends toward a global criminal law.
The European Union will motivate each of the countries, as it does now, so that, through guidelines and Regulations increasingly same or similar regulations. This applies especially to the Criminal Law and order is essential for overall economic growth.
Then scientific cooperation between individual countries in the field of criminal law, take a closer between different criminal statutes. For the common reflection on our problems often lead to unregulated common solutions from above, but based on international consensus and therefore even stronger. And this applies far beyond Europe. The countries of Central and South America the East Asian cultural circle working in the field of criminal law with the same legal categories. Then will be increasingly close a criminal law world, regardless of national peculiarities remain.
1.1 Policy CRIMINAL IN DEVELOPED COUNTRIES
The change is inherent in all social groups. Its nature and intensity vary according to the society in which it occurs. In developed societies, the progress of scientific and technical command produces profound social changes, which impact so evident in the legislation. This applies, for example, the evolution of information technology, media and ethics gene. The freedom of individuals, the formation of his personality and survival are affected directly by these developments: thus, for example, the attempt to use information improperly in conducting population census in West Germany, the unstoppable invasion pornography through the mail and experiences of human fertilization in test tubes. The social and political stability prevailing in these countries to channel changes character avoiding radical social disruption.
1.2 CRIMINAL POLICY SUB DEVELOPED COUNTRIES
The situation is different in developing countries where the socio-economic context is characterized by violence and instability underlying the whole system. Social inequalities are enormous.
Unemployment is chronic and affects a large part of the population. The political organization is insufficient, offering individuals the opportunity to participate in the country’s government. This description, necessarily schematic, should be appreciated considering that the social structure of these countries is not homogeneous.
Inside, there are rich areas that they have a peculiar link between them and the developed countries. In Peru, Andean and Amazonian country, is a decisive factor, for example, the indigenous population.
REALITY 1.3 PRISON IN PERU
The incipient prison policy is not based on the country’s needs. Contained in the Penal Code and the Code of Criminal Procedure is-for example-a utopia; therefore unrealistic to envisage organizing it according to the demands of penology prepared in accordance with the possibilities of economically developed countries. As in other Latin American countries, Peru also built prisons “models”. Built in the Capital, such establishments as the short run detention system planned. Its capacity is immediately put to the demand of the “market”: the number of detainees increased facilities deteriorate and facility management becomes impossible. This allows us to understand why the authorities are obliged to perform, periodically, “prison census” in order to know how many there are or are detained in prison.
The results of the efforts made by the officials are not very positive, because they do not exercise, in practice, effective control within prisons. Detainees are arranged in bands, or directed by the most dangerous subject, in order to dominate prison life. Thus the smuggling of drugs and alcohol is installed, with the complacency or complicity of officials or employees of the same establishment.
The reality prison greatly influences the functioning of the administration of justice. The judicial investigation and prosecution development are often disturbed by the absence of the accused, this is a consequence of the disruption of prisons. It is sufficient to avoid appearing for various reasons, the defendant does not respond to the call of the employee who comes looking.
Clearly, in these conditions, human and material, the prisons do not meet the purposes of rehabilitation or reeducation. Not even meet the primary objective of isolating prisoners of their environment.
II. CRIMINAL POLICY AND SOCIAL REALITY
The schematic description of how the state has responded legislatively against the criminal phenomenon, can not be properly understood if one takes into account the socio-political context in which it occurs. This is not the work that must thoroughly analyze this reality. But as well as studying the historical evolution of our criminal law, we must make the following observations.
Although a trivial truth, you can not stop saying that the legal system in general, and criminal, in particular, are linked closely to the social, economic and cultural development. Any change affects economic and political partner in the law and in the administration of justice. This linkage is reflected, also, in relation to the work of lawyers. The elaborate doctrinal conception can not but take into account these circumstances. Similarly, it is not possible-without adequate knowledge of reality-develop and implement a coherent and effective criminal policy.
The severity of the penalty provided in the law regarding the detainee alleged act determines the conditions of their detention. The same applies to the sentence requested by the prosecution, in turn determined by the conditional fixed legislatively-defendant’s trial. This creates a vicious cycle of disastrous consequences for those who are merely arrested as suspect.
The problem stems not so much because of the functional disability of prosecution bodies or the number of staff, but above all, the eminently repressive penal system. Moreover, the application is made in accordance with procedural rules inadequate and incomplete that judges interpret them too legalistic. Although procedural laws and the Constitution enshrines the fundamental principles of liberal, and although they are frequently cited by judges in their decisions, it is undeniable that these principles are denatured. For example, the presumption of innocence of the accused loses most of its significance when, before declaring innocent, is subjected to a lengthy pretrial detention and was not compensated in any way. The same applies to the principle in dubio pro reo: in cases of drug trafficking or terrorism, for example, trial judges prefer-if in doubt about the responsibility of the accused-convict to avoid, in case of acquittal – suspicion of corruption, and leave, thus, the final decision in the hands of the superior court.
2.1 CONCEPT OF CRIMINAL POLICY
It is referred to the way the community reacts in an organized, against delinquent actions that threaten its cohesion and its harmonious development. The discipline that studies this aspect of social control receives likewise the name of criminal policy. It is the task of the discipline, not only the description of the social reaction against crime, but also to determine the guidelines that should be followed in order to achieve greater efficiency.
Therefore, it was considered that the criminal policy has two aspects:
1 As a discipline or an observation method anticriminal reaction, as it is actually practiced.
2 As an art or strategy to combat crime; made from data provided by the teachings and objective observation.
Criminal policy is, therefore, a plot of legal policy of the State, which in turn is part of its overall policy. The planning and implementation of a correct and consistent fight against crime, depends on the support and encouragement of the studies to describe the social reaction system and completing the guidelines and the most effective.
2.2 Criminology and Criminal Policy
Unlike criminal law, criminology is the study of crime in its various forms of appearance, investigating its causes, its significance in the life of society and the individual, is also studying the personality of the offender, their physical and psychic development and the treatment options. To achieve its objectives, the various methods used to offer natural and social sciences.
Thus understood criminology, very easily understood the importance of the relationships you have this discipline causal-explanatory with criminal policy and criminal law, and equally importantly, the many elements that are provided. Adequate crime is impossible without a knowledge of reality criminogenic. So these three disciplines interact and complement each other.
Faced with undeniable transformations of modern society, the French author Marc Ancel says: “The essential problem is to achieve the development of a criminal justice system that is not anachronistic, which takes into account the human and social reality and to work to do this with maximum clarity and efficiency. ”
Indicates that the modern criminal science consists of three essential domains: criminology, which studies all aspects of the crime phenomenon, criminal law, which involves the application and explanation of the positive rules with which society reacts to this phenomenon and, finally, the criminal policy, art and science at the same time, the practical purpose is ultimately to allow better development of positive rules, and guiding the legislature that drafted, the judge who applies them, and the prison administration that the court decision becomes effective.
OBJECTIVE 2.3.1 GENERAL CRIMINAL POLICY
It is the science that deals with the study of human behavior and crime as social, to investigate the causes of crime, crime prevention and the treatment of offenders. “Outstandingly E indicate that:” Fields of action of criminology, are considered in three branches:
* In the administration of justice
* In the prison camp
* In crime prevention
Also expressed that “it is extremely important that these three areas have specialists who want to know the criminal personality factors, so that justice is achieved providing more adequate, fair and individualized, as well as, appropriate therapy is given to the offender, what would be the success of all criminological study, the den or prevent repeat certain behaviors considered criminal.
2.3.2 The main objective of CRIMINAL POLICY IS CRIME PREVENTION
The science of criminal policy and crime prevention is criminology. This science encompasses and surpasses the study of criminal law and criminal procedure law and the prison. This does not mean, in any way, you can spare criminology, in their analysis of the limits imposed by state action principles guarantors of human rights, but it must always have in the account (any discipline social) with respect to all actions involving state intervention on individuals.
Studies resalan criminology are called criminals or political studies and general preventive criminological studies are called.
We consider criminology as a science framed within the context of the sociological and therefore not dependent in any discipline rules but ATANA criminological issues most of the time to events or situations defined by law as a criminal offense.
III. CHARACTERISTICS OF CRIMINAL POLICY
3.1 A CRIMINAL POLICY THAT IS AS REAL AS THE WORLD
A criminal policy must be based in the real world and therefore using methodology and techniques to the study of social phenomena, will necessarily have to conclude that the principle of equality that underpins the state is not a reality, but only one program. That is, no discrimination, that there is an unequal distribution of criminalization, the power to define criminal therefore not only of property and income. Then, a first aspect to consider is the need to redistribute power to criminalize, so then you go down shares discrimination. In turn this means that such redistribution is to cover the whole criminal system, laws, police, process, etc.
3.2 Policy WHOSE CRIMINAL BACKGROUND FREEDOM
Desconocindola can not start and turning people into mere instruments or subject to guardianship. Hence, the starting point can not be a separation between good and evil, between crime and certain others not, but a free relationship: as people with the system. From this perspective the key is the relationship between the individual and the State, in the sense that the State is at the service of the person and his happiness, is the recognition of the individual as an autonomous entity and that is why their rights and guarantees .
3.3 STATE CRIMINAL POLICY SOCIAL
This requires that there is a power definition socialization. That is, the effective participation of all, not only in the sense representative, through the election of representatives, but also by real decentralization, which may involve one hand plebiscitary forms. but also increased the desproblematizacin criminal matter, in the sense of returning to the parties the resolution of social conflicts. If the matter is not criminal but a very intense social conflict that has problematized and defined since it assumed power and control, then return it to the people what is theirs and that they themselves overcome, hence the need to intensify the forms of mediation or repair.
3.4 CRIMINAL POLICY RULE OF LAW
Then it is simply the organization of social legal system. no because an absolute foundation or category, it is not a matter of faith or pure scientific nature, but as something relative is only for better organization system for the happiness of the people. Hence the crime control system is only a matter of extreme and strict necessity, but without then having ability to legitimize it, but simply to make it understandable from a criminal policy which has to be the sense that social conflicts are resolved by nonviolent ways. Hence in the very basis of the system is its own delegitimization. to the extent that always implies a certain violence against people and therefore. a contradiction to the aim pursued, which is nonviolence. That’s why violence has to be the minimum necessary in itself, not in relation to another, not reactive. Then, this excludes harsh violence as the death penalty. cl life sentences, long sentences of imprisonment, as well as substantially contradicts the intended purpose. Rather then have to prioritize alternative to crime control.
IV. CRIMINAL POLICY DIFFERENCE BETWEEN THEORY AND CRIMINAL POLICY
4.1 First DIFFERENCE
To begin, it is necessary, therefore categorically distinguish between the practice of criminal policy and criminal policy theory. The first is part of all activities-empirical-organized and ordered the protection of individuals and society in crime prevention. The second appears constituted by a set of theoretical principles that would provide a rational basis for the aforementioned would fight against crime, where the key lies in determining precisely which means “rational” and what may be the criteria of rationality.
4.2 second difference
In any case it is certain that such criminal policy principles are specified in the adoption of various forms of crime prevention (preventive strictly about: other repressive-preventive). For good measure, the criminal policy is manifested in a number of instruments to be associated nominal or tactically or future production of crime in order to prevent its occurrence or reiterate. This can be referred to two statements. On one hand. that criminal policy certainly is not limited to criminal legal action. On the other hand, however, that although the criminal policy is set in broader terms, all criminal law is part of the criminal policy. So, for criminal identification practice exists between the theory of criminal policy principles and the goals (and means) of criminal law This is not surprising, criminal law is an expression of a political criminal. Thus, the discussion about the purposes of criminal law and the means precise: to reach those goals can not be more than one: criminal political discussion and political discussion vocation-criminal is, ultimately, law reform criminal.
4.3 Third DIFFERENCE
Among the principles of criminal policy have an essential place those who choose their own characterization of an act as a crime-and not as antisocial fact not legally prohibited or unlawful administrative tort. In other words, the very definition of the Crimes competition policy constitutes criminal behavior that many are rationally be described as criminal and therefore not only as to what goods regarding legal protection they deserve and require criminal but also in terms of what kind of risks described criminally relevant behavior: attempts. Acts in reckless acts committed by omission, etc.. at this point is a key feature of the criminal policy, it appears as a system that defines itself. This determines the need to address the problem of self-definition outside the limits of the criminal policy: no longer just for the legislature, but also to that of the constituent. In other words, the decision about whether any behavior can be defined at a given time as criminal.
4.4 Fourth difference
It is also the responsibility of the criminal policy is determining how the offense, that is, of what their characteristic structural features. So, if the offense is a “way of being”, or a symptom, or a state or conversely, a fact, and from the latter finding, which should be the building blocks of that fact. Note that from the point of view adopted the theory of crime continues to be a link in any criminal policy. What highlights how far it is true to say that science also criminal law, also own dogmatic legal theory of crime makes crime policy.
V. FREEDOM OF INFORMATION AND CRIMINAL POLICY
In this context, there is a collision between two constitutional rights enshrined and therefore of equal value: the freedom of information and the presumption of innocence, the collision around that have built two rival theories about information related to the suppression of crime, but particularly of the courts criminal, in one extreme are the supporters of the so-called “theory of freedom of full information” to argue that the information professional can inform and foremost, though injured any other good legal, provided that the information is true and east through a clear public interest. Legally sustain its position in the modern constitutional doctrine distinguishes between individual and social constitutional rights to which are given prominence, believing that society as a whole is more important than the isolated individual, criticism of this theory focuses on the vagueness of the concept of public interest and who is really the one that should provide a uniform concept of it.
On the other extreme are those advocating the “theory of limits”, who claim that the information found on other limits legally protected as is the case with the presumption of innocence, and that under the public interest is not possible to injure and violate other guarantees and rights. Basically this theory is summarized in the elementary principle of legal doctrine that teaches that “any right or freedom is absolute and their exercise by an individual is a limit on the exercise of the rights and liberties of their fellow” .
According to the provisions of Article 296 paragraph 4 of the Code of Criminal Procedure, it is moderately ascribes to this theory is to allow the detainee to decide whether or not to show a media outlet. In this regard I think it is necessary to go beyond regulating the exercise of freedom of information in criminal matters regarding the form and limits their exercise to prevent the subjugation of the state of innocence.
We know that in every society there will always be a certain level of crime as well as diseases and malformations are inevitable, at all times there will always be people with intellectual impairment or psychopathic character structures which mean that their social integration and so end committing criminal acts. This can not be avoided ever.
In many cases criminals are desavenidas product family relationships, by violent relationships between parents and between parents and children, not offer affection and love, so lack of emotional security, also influences the lack of a reasonable education.
The crisis we are living in our country, where the majority of families that make up the group of middle class, now poor and the poor class now lives in subhuman conditions, which in many cases by the need to have fall in offenses from smallest to largest.
Social policy must also be properly prepared in order to properly combat this crime growing steadily, having a police guard instead of in many cases are complicit in the crimes and government authorities that instead of punishing or punish the guilty, do not.
We can say that the criminal policy is changing, as fashion is constantly changing.
Standards to be applied more decisive, because that way the crime decreases.
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* Jos Hurtado Pozo
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Victor Prado Saldarriaga
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Buenos Aires, 2000
* Criminal Policy and Person
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