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Description

The scientific debate on the legitimacy and limits of the criminal law of dangerousness has not ceased to grow in our country in recent years. And in this respect, the notable prominence that this model of approaching the fight against crime is acquiring in the framework of comparative law is undoubtedly a determining factor. Spanish criminal law is by no means alien to this trend, and a good example of this are some of the new features included in the LO 1/2015, reforming the Código Penal: 

  1. The scope of application of probation is extended.
  2. Relevant aspects such as the review regime of the new revisable permanent prison sentence are made dependent on parameters of dangerousness.
  3. The possibility of registering genetic profiles of persons convicted of serious crimes in the police DNA database is introduced as an accessory penalty, as long as it can be concluded that there is a serious risk of reoffending.
  4. The regime of suspension of the execution of the custodial sentence is revised, expressly conditioning the imposition of numerous rules of conduct to criteria of the dangerousness of the offender.
  5. Finally, some types of offences have been reformulated and others newly created have been incorporated - including offences that elevate mere preparatory acts to the category of a criminal offence - in which it is possible to detect a clear influence of the characteristics of the criminal law of dangerousness and so-called Preventive Justice. Along the same lines, Real Decreto (Royal Decree) 1110/2015 creates the Central Register of Sex Offenders.

The aim of the research group on the Criminal Law of Dangerousness is to study this growing political-legislative trend centred on the idea of public safety and the objective of combating the criminal dangerousness of offenders to the utmost with a predominance of innocuous mechanisms. To this end, we analyse, from a general perspective, the basis of this model and highlight its limits from the point of view of the guarantee principles that should govern the fight against crime in a State governed by the rule of law; and in turn, and on the basis of the above, we examine the various aspects and institutions of positive law already referred to that constitute manifestations of this criminal law paradigm.

The research initially focuses on the projection of this legislative trend in the framework of crimes against sexual freedom and gender violence, although it is subsequently extended to other areas of crime, such as crimes of terrorism or public disorder, which are also clearly affected by the criminal law model of dangerousness.
 
All of this is approached from a dogmatic and political-criminal perspective and without losing sight of the reference to comparative law, and specifically the Anglo-American, German and Italian criminal legal systems.

Goals CT

Study of the basis and limits of the criminal law of dangerousness and its various concrete manifestations in national and comparative positive law.

Research lines
  • Penal reform and new political-criminal currents

    Critical examination, based on various legislative models of comparative law, of the main features that characterise contemporary criminal policy in the light of the latest reforms and, in particular, of the so-called criminal law of the enemy and of public safety.

  • Expansion of criminalisation of preparatory acts

    Analysis of the legislative tendency to advance the barrier of criminal intervention through the criminalisation of preparatory acts and the problems that this entails in dogmatic, political-criminal and constitutional terms (freedom of expression and the right of assembly and demonstration, criminal law of authorship).

  • Criminal dangerousness, security measures and offender harmlessness

    Critical analysis of the legislative model aimed at combating the dangerousness of the offender by means of security measures and innocuous strategies that are cumulative to punishment and that disregard the limits of the criminal law of guilt.

  • Prevention and treatment of sexual offending

    Dogmatic and political-criminal study of crimes against sexual freedom: aggression and abuse, harassment, exhibitionism, provocation and offences related to prostitution and the exploitation and corruption of minors; analysis of mechanisms for the prevention and treatment of sexual offenders.

  • Gender violence

    Study and assessment of the legal mechanisms aimed at combating gender-based violence introduced by the different criminal reforms carried out in recent years in this area, with special attention to LO 1/2004 on comprehensive protection.

Management
  • ALONSO RIMO, VICENTE ALBERTO
  • PDI-Titular d'Universitat
View details
 Contactealberto.alonso@uv.es
Members
  • BORJA JIMENEZ, EMILIANO
  • PDI-Catedratic/a d'Universitat
View details
 Contacteemiliano.borja@uv.es
  • CERVELLO DONDERIS, MARIA VICENTA
  • PDI-Catedratic/a d'Universitat
  • Director/a d' Institut Universitari
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 Contactevicenta.cervello@uv.es
  • ROIG TORRES, MARGARITA
  • PDI-Catedratic/a d'Universitat
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 Contactemargarita.roig@uv.es
Non-UV research staff

Partners

  • Inma Valeije Álvarez - Universidad de Vigo.

 

Scientific production by UV researcher
  • ALONSO RIMO, VICENTE ALBERTO
    PDI-Titular d'Universitat
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CNAE

Justice and judicial activities

Associated structure
Institute of Criminology and Criminal Science

www.uv.es/institut-criminologia

gestioniccp@uv.es

Contact group details
Research Group on Dangerousness Criminal Law (DERPEligro)

Tarongers Campus

Edificio Departamental Occidental. Av. dels Tarongers, s/n

46022 València (Valencia)

+34 963 828 142

Geolocation

alberto.alonso@uv.es

Contact people
  • ALONSO RIMO, VICENTE ALBERTO
  • PDI-Titular d'Universitat
View details
 Contactealberto.alonso@uv.es