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NCJRS Abstract

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NCJ Number: 166099 Find in a Library
Title: Approach to the New Spanish Penal Code of 1995
Journal: European Journal of Crime, Criminal Law and Criminal Justice  Volume:4  Issue:3  Dated:(1996)  Pages:226-242
Author(s): J L de la Cuesta; G Varona
Date Published: 1996
Page Count: 17
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: Netherlands
Annotation: The new penal code adopted in Spain in 1995 is the result of more than 15 years of doctrinal and political debate on different proposed texts and is reasonably adapted to the new Constitution based on democratic values.
Abstract: The code reflects the principles of legality, subjective imputation or guilt, necessity, and humanity. The code reduces the length of prison sentences, establishes alternatives and substitutes, provides for limits in relation to security matters, and explicitly regulates crimes of torture and crimes against moral integrity. The first volume of the code covers prosecution, penalties, security measures, civil liability, accessory consequences, and the extinction of criminal liability. The second volume defines and specifies penalties for serious and less serious offenses. The third volume focuses on minor offenses. Overall, imprisonment remains central to the Spanish criminal justice system; the new code may also lengthen prison terms for property and drug offenders. The code also continues to regard victims as passive individuals who merely require reparation; it offers no alternatives based on victim-offender conciliation. The code also forgets to refer to compensation in violent offenses. Footnotes
Main Term(s): Foreign courts
Index Term(s): Corrections in foreign countries; Corrections policies; Criminology; Law reform; Spain
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