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The limits of the "ius puniendi" and its application to crimes and penalties - IUSPEN

Reference of the Group:

GIUV2023-576

 
Description of research activity:
In a social and democratic State based on the rule of law, such as that proclaimed in the first article of our Constitution, the "ius puniendi", or power to punish, is a limited power, that is, it is subject to principles or guarantees that, in turn, are fundamental constitutionally recognised citizen rights (principles of legality, proportionality, "non bis in idem", equality, culpability, presumption of innocence, etc.) Therefore, criminal law must respect these limits, since the Constitution is the superior law of our legal system. However, ordinary legislators too often forget these principles, as can be seen through the successive and constant reforms that the Criminal Code of 1995 has undergone, reforms that have increased exponentially in recent years (in 2022 alone, the Criminal Code has been reformed at least seven times: LO 4/2022, 6/2022, 9/2022, 10/2022, 11/2022, 13/2022, 14/2022). This way of legislating generates confusion and undermines the legal security of citizens (the foundation of the principle of legality). In addition, as if that were not sufficient, the same subjects have undergone several reforms in a short space of time, such as the regulation of...In a social and democratic State based on the rule of law, such as that proclaimed in the first article of our Constitution, the "ius puniendi", or power to punish, is a limited power, that is, it is subject to principles or guarantees that, in turn, are fundamental constitutionally recognised citizen rights (principles of legality, proportionality, "non bis in idem", equality, culpability, presumption of innocence, etc.) Therefore, criminal law must respect these limits, since the Constitution is the superior law of our legal system. However, ordinary legislators too often forget these principles, as can be seen through the successive and constant reforms that the Criminal Code of 1995 has undergone, reforms that have increased exponentially in recent years (in 2022 alone, the Criminal Code has been reformed at least seven times: LO 4/2022, 6/2022, 9/2022, 10/2022, 11/2022, 13/2022, 14/2022). This way of legislating generates confusion and undermines the legal security of citizens (the foundation of the principle of legality). In addition, as if that were not sufficient, the same subjects have undergone several reforms in a short space of time, such as the regulation of recklessness, which has been modified up to three times, generating confusion and legal uncertainty in addition to undermining other criminal principles: LO 1/2015 introduced a new kind of recklessness, which is the least serious, decriminalising slight recklessness. LO 2/2019, in order to determine recklessness against the principle of culpability, established an authentic definition of less serious recklessness and LO 11/2022, for the same purpose, redefines this kind of recklessness. The fundamental aim of the research group "The limits of ius puniendi and its application to crimes and penalties" is the study of the limits of punitive power and the critical analysis of crimes and penalties based on the limiting principles of "ius puniendi". This common objective, the defense of criminal guarantees, unites the members of the research group in accordance with their academic and professional careers. The interdisciplinary nature of the group, with theoretical and/or practical training in law and criminology, allows a more complete study of the following common lines of research: 1) The first line of research, the limits of the "ius puniendi" covers the study of criminal guarantees. 2) The second line, dangerous crimes and their relationship with criminal dangerousness, brings together the problems that revolve around these concepts as they are closely related and complementary. 3) The third line, recklessness and accidents, addresses the problem of accidents in all its areas and from an integral perspective. 4) The fourth addresses the problem of public corruption, closely related to crimes committed by public officials in the exercise of their positions. 5) The fifth, on economic criminal law, covers the study of economic crimes and the liability of legal persons. 6) The last one, on technological crimes, deals with a new form of criminality shared by different crimes.
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Web:

No Determinada

 
Scientific-technical goals:
  • Analisis critico de los delitos y las penas a partir de los principios limitadores del "ius puniendi"
 
Research lines:
  • The limts of the "ius puniendi".Study of the limiting principles of the punitive power of the State, especially the principle of legality, and their role in the face of the new challenges of criminal law posed by the rise of technology, the ideology of public security and the increase in penal repression.
  • Crimes of danger and criminal danger.Study of the concept of danger and its relationship with criminal dangerousness. Critical analysis of legislative policy aimed at combating criminal danger and dangerousness with measures that disregard principles such as the protection of legal assets and the principle of guilt.
  • Recklessness and accident rate.Study of accidents in general and from a comprehensive perspetive. Critical analysis of homicide and reckless injury crimes after the latest reforms against road accidents. Analysis of the circumstance, types of recklessness and bankruptcy issues.
  • PUBLIC CORRUTION: CRIMES OF PUBLIC OFFICIALS.Analysis of the crimes committed by civil servants in the exercise of their positions and the criminal policy on public corruption for the prevention and prosecution of these crimes, both from a legislative and economic perspective.
  • ECONOMIC CRIMES, CORPORATE CRIMINAL LIABILITY AND COMPLIANCE.Study of the crimes under economic criminal law and examination of the compatibility of its dogmatic development and practical application with criminal guarantees. Analysis of the liability of legal persons from the effective application and respect of criminal guarantees.
  • TECHNOLOGICAL CRIMES.The rise of technological crimes in areas such as gender violence, intimacy, sexual freedom and heritage makes it necessary for us to reflect on the concept, the characteristics of technological crimes and their compatibility with criminal guarantees.
 
Group members:
Name Nature of participation Entity Description
SARA AGUADO LOPEZDirectorUniversitat de València
Research team
FRANCISCO JAVIER BOIX REIGMemberUniversitat de València - Estudi GeneralUVEG honorary professor
Mª DE LOS ANGELES JAREÑO LEALMemberUniversitat de València
MIGUEL ANGEL MORENO ALCAZARMemberUniversitat de València
VICENT ELISEU FRIGOLS BRINESMemberUniversitat de València
FRANCISCO ALMENAR PINEDAMemberUniversitat de València
FRANCISCO ALMENAR PINEDAMemberAlmenar Abogados, C.B.researcher
ABRAHAM DEVIS MATAMOROSMemberUniversitat de València
TERESA GARCIA FERNANDEZMemberUniversitat de València
TERESA GARCIA FERNANDEZMemberUniversitat de València - Estudi GeneralUVEG PhD student
MARIA DE LA PAZ LLORIA GARCIACollaboratorUniversitat de València
NESTOR OREJON SANCHEZ DE LAS HERASCollaboratorUniversitat de València
NESTOR OREJON SANCHEZ DE LAS HERASCollaboratorAutònomolawyer
Gonzalo Vives ZapaterCollaboratorVives Ferrero Abogados, C.B.researcher
 
CNAE:
  • -
 
Keywords:
  • derecho penal; garantías penales; derechos fundamentales; reformas penales
  • peligro; peligrosidad criminal; medidas de seguridad
  • imprudencia; clases de imprudencia; siniestralidad; concursos; homicidio y lesiones imprudentes
  • corrupción pública; funcionarios públicos; prevención
  • delitos económicos; personas jurídicas; compliance
  • delitos tecnológicos; delitos informáticos; ciberdelincuencia