Securitarian Policies within the 2010 Criminal Code Amendment Act
Abstract
Citizen’s security constitutes the aim of the criminal policies carried out in Spain from 2003. The increasing of criminal prosecution and the flexibilization of the legal guarantees as measures implemented by these policies, are not, however, based on a rise in criminality, since they constitute on the other hand the result of a change in the perception of criminality. These measures implemented by the 2010 Criminal Code Amendment Act are specially to be found on certain groups of torts, where penalties tend mainly to a kind of positive general prevention (as an answer to the social alarm), the intimidation and the neutralization of the danger that lawbreakers represent, instead of their rehabilitation. It constitutes then a Criminal Law based on danger, a Criminal Law for enemies. This sort of evolution deserves a hard critic, since serving time in prison almost as the only penalty, the increase of the time to be served, the rise of the number of inmates and the limitation of basic criminal guarantees make extraordinarly difficult the legitimacy and compatibility of such mesures with the Rule of Law and the Welfare State model.
Published online: 05 December 2014
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Last update: 08/02/2022
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