Monistic and Relative Theories of Punishment
Monistic Theories
Several theories have been developed considering only the principle of compensation for damages caused, while others focus on prevention. These are called mixed theories.
1. Retributivist or Absolute Theories
Mainly represented by Kant, Hegel, and Binding, these theories presume that the sentence is justified by itself, with the goal of achieving justice. They waive any other purpose of criminal law, arguing that seeking a different purpose than justice manipulates individuals and
Read MoreLegal Personality & Types of Companies: A Comprehensive Guide
Legal Personality of Companies
The contract foundation is the origin of society. Once formed, following the procedures established by law, a new legal entity is born, independent of the partners that integrate it. This entity is characterized by having a life and bodies of its own, created so that the company can act in the outside world.
The corporation acquires legal personality with the execution of a public deed and its subsequent registration in the commercial register. The consequences of acquiring
Read MorePrinciples of Criminal Procedure: Inquisitorial & Accusatorial Systems
Basic Principles of the Inquisitorial System
The inquisitorial system, historically prevalent in many parts of Europe, operates on several key principles:
- Concentration of Functions: The judge handles the roles of accusation, defense, and judgment, a significant departure from the accusatorial system.
- Secrecy and Lack of Contradiction: Proceedings are conducted in secret, without public scrutiny or the opportunity for the accused to directly confront the evidence against them.
- Emphasis on Confession:
Theories of Punishment and Their Application in the Spanish Penal Code
Essence of Punishment
It consists of the deprivation of legal rights that may infringe on individual property or rights. The type of punishment determines the legal restriction. The security measure will also be determined by law (abstract penalty), from which calculations are made to determine a specific penalty for the subject. All penalties in the Penal Code are abstract sentences (measurable). The abstract sentence is applied to the perpetrator of a crime committed without aggravating or mitigating
Read MoreCriminal Procedure Systems: Adversarial, Inquisitorial, and Mixed
ITEM 3: Criminal Process
Criminal Procedure Systems
Legal systems have always reacted to infringements, with punishments established to prevent private revenge. Initially, the church aimed to protect individuals through the Inquisition. Later, the state took on the role of protecting society and avenging crimes against all citizens, regardless of their power or status.
Three primary criminal procedure systems exist:
- Indictment System: The injured party drives the process, leading to potential injustices
Criminal Procedure Systems: Inquisitorial, Adversarial, and Mixed
ITEM 3
CRIMINAL PROCESS
The criminal procedure systems have always been a system of law that reacts when infringed. It is punishable by law to prevent private revenge. It was the church that said to protect individuals with the Inquisition. The state must protect society and avenge the crimes of the powerful and the weak.
There are three systems of criminal procedure:
- The indictment: The injured person drives the process. This produces injustices, and not everyone can do it.
- The inquisitive: Crime affects