Constitutional function assigned to the penalty: Bases for a criminal policy plan
DOI:
https://doi.org/10.18800/derechopucp.201302.018Keywords:
punishment purposes absolute theories of penalty, retributive justice, relative theories of penalty, general deterrence, special deterrence, types of penalty, prescribed basic penalty, specific penalty, penitentiary enforcement, maximum sentence, minimum sentence, judgment reserve, custodial sentence substitutionAbstract
This article intends to analyze treatment and functions assigned to the penalty by our Peruvian Constitution and the way this legal institution is conducted at the prescribed basic penalty level (imposed by the legislator ineach type of criminal offence), the specific penalty level (imposed by the judge according to its individual characteristics in each case) and at the penitentiary enforcement level. Finally recommends some considerations for carrying out a possible legislative reform in accordance with a criminal policy plan within our constitutional framework.
Downloads
Download data is not yet available.
Downloads
Published
2013-11-21
How to Cite
Chang Kcomt, R. (2013). Constitutional function assigned to the penalty: Bases for a criminal policy plan. Derecho PUCP, (71), 505–541. https://doi.org/10.18800/derechopucp.201302.018
Issue
Section
Miscellaneous
License
Copyright (c) 2016 Derecho PUCP
This work is licensed under a Creative Commons Attribution 4.0 International License.
