48 • Constitutional and legal sustention of imprisonment punishment and criminal prosecution when the imputed conditions significantly change
This paper concern comes from thinking if is constitutionally and legally sustainable the imprisonment in the case where the subject lifestyles conditions outwardly the criminal process change, thereafter the event, previously to the prosecution and penalty, so the rehabilitation/resocialization bec...
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| Formato: | Artículo revista |
| Lenguaje: | Español Inglés |
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Secretaría Académica | UNR
2014
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| Acceso en línea: | http://www.e-universitas.edu.ar/index.php/journal/article/view/115 |
| Aporte de: |
| Sumario: | This paper concern comes from thinking if is constitutionally and legally sustainable the imprisonment in the case where the subject lifestyles conditions outwardly the criminal process change, thereafter the event, previously to the prosecution and penalty, so the rehabilitation/resocialization become unnecessary.The conclusion from the current regulations analysis is that punishment purposes are: security (negative special prevention) and resocialization (positive special prevention), if these objectives are achieved by other than criminal prosecution means, the sentence of imprisonment loses its rationale.What happens with additional penalties and compensation into the civilian plane, are different matter, which are sustained by other fundaments.If a subject changes the lifestyle, and by those conditions spares the state's need for social rehabilitation, are not reasons for punishing by deprivation of liberty.However, the unnecessary requirement for a sentence of imprisonment or confinement, accessory penalties are not affected and should be applied.Also civil indemnities maintain their full force regarding this subject.Review over the Viatri Case. |
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