The Criminal Justice System and Prison Regulation: A Comprehensive Guide
The Criminal Justice System and Prison Regulation
Criminal Law
Criminal law is the explicit mechanism society uses to control behaviors considered harmful and undermine the freedoms of its citizens. It is a mechanism of repression and control of behavior.
Legal definition of criminal law: A set of legal rules—positive-regulatory—that determine criminal behavior and assign certain legal consequences (penalties or security measures). It is collected and sorted in the Penal Code.
Principles of Guarantees in the Criminal Justice System
These principles guarantee and protect citizens within the criminal law framework.
Principle of Law:
Laws can only determine which behaviors are criminal, and they must meet three requirements:
- Prior: Existing before the action to be sanctioned.
- Scripts: Written and codified.
- Stricta: Precise and limited to curb the specific behavior.
Two items help maintain the security of the system and citizenship within the law:
- Legal guarantee: A sanction may only be imposed by a court.
- Guaranteed execution: Any penalty will be carried out as the law dictates.
Principle of Minimum Intervention:
Only the most serious violations will be judged.
Principle of Proportionality:
There must be proportionality between the crime and the punishment.
Principle of Guilt:
It is a reproach to the person who has committed a crime because, having been performed according to the rules, they did not follow them. No group responsibility is admitted.
Principle of “Non Bis in Idem”:
No one can be tried twice for the same offense.
Principle of Humanity of Sentences:
This principle aims to avoid the cruelty of punishments, which must be rationalized.
Principle of Juridical Equality:
This principle emphasizes the need for equal legal action in similar situations.
Principle of Presumption of Innocence:
Every person is free of guilt until proven otherwise.
Principle of “In Dubio Pro Reo”:
In case of doubt, the benefit of justice acts in favor of the accused.
Crime and Offense
Crime: Any conduct specifically referenced as such in criminal law.
Penalty: What is imposed on the author of an offense.
Legal definition of offense: A reckless action or omission punishable by law (according to Article 10 of the Penal Code). Article 13 distinguishes between serious offenses and minor offenses.
Ways to Carry Out an Offense:
- Consummation: When all the elements of the punishable act have been fulfilled, and the result has been achieved.
- Imperfect execution: When the offense is initiated but not consummated due to the author’s fault.
Authorship and Participation:
This refers to the execution of a crime, according to the type and degree of participation.
- Author: Directly refers to the person who commits the action. This includes the co-author and the inducer.
- Participation: Can be through complicity or cover-up.
Circumstances that Modify Criminal Responsibility:
Depending on the nature of the act, these include:
- Exemption: Excluding the criminal responsibility of the author of the offense.
- Mitigating: Can reduce the severity of the sentence.
- Aggravating: Increase criminal liability.
Penalties
Penalties are the legal consequences of a crime. They involve the deprivation or restriction of legal goods and are imposed by competent courts. Their gravity varies depending on the crime:
- Serious penalties: Prison for over 5 years or absolute disqualification.
- Less severe penalties: Prison from 3 months to 5 years, up to 5 years disqualification, suspension of driving permits from 1 to 8 years.
- Minor penalties: Restraining orders prohibiting approaching the victim for a period of 1 to 6 months.
Penalties are classified according to their effect:
- Deprivation of liberty: Imprisonment, permanent location.
- Proprietary rights: Absolute disqualification, withdrawal of certain places or prohibition from living near the victim, community service.
- Economic sanctions: Fines.
Prison Regulation
Prison regulation refers to the punishment applied as set by the judge.
Objectives of Prison Regulation:
- To encourage citizens to respect the law.
- To achieve social reintegration and re-educate those who have committed a crime.
- To ensure the custody of criminals.
Different Degrees of Treatment:
- 1st Grade: Treatment in closed regime establishments.
- 2nd Grade: Conducted in ordinary regime establishments.
- 3rd Grade: Open regime establishments.
Parole:
An inmate does not have to go through all grades. Parole depends on the crime, personality, individual and social history, and whether there are any obstacles to their social reintegration.
Closed Regime:
This regime is determined by the extreme danger to people or the lack of adaptation to other prison systems.
Forms of Closed Regime:
- Closed modules: Standard modules for those not adapted to internal customs, rules, etc.
- Special departments: For individuals endangering the lives of other prisoners or staff, or those who have severely disrupted life in the penitentiary center. This is an internal degree that can be lifted once the causes leading to its classification have disappeared. Every six months, a multidisciplinary team (psychologist, social worker, etc.) reviews the classification.
Ordinary Regime:
This is the most common regime, housing 2nd-degree prisoners and those awaiting classification, including remand prisoners pending trial.
Open Regime:
This semi-open regime aims to guide inmates towards social reintegration.
- Open regime: For inmates who meet specific criteria.
- Open regime of a restricted character: Applies to 3rd-degree prisoners who have a particular criminal career, personality anomalies, or other personal conditions that prevent them from holding a job outside and require a more controlled environment.
Conditions for Parole:
- The inmate must be classified in the 3rd degree.
- They must have served ¾ of their sentence.
- They must have good behavior.
- There should be a favorable report on their social reintegration.