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Monday, April 25, 2011

The expansion of criminal law

Any rule of law should be reformed, if not more, to suit the social needs of the moment, the criminal laws are no exception. However, the reforms of recent years evoke an expansion of this branch of law into areas that until then were "clearly" out of it.

The changes in the mentality of the legislature may conflict with some of the foundations (principles) for most classic of criminal law, in particular the minimal intervention - only to criminalize the most despicable behavior of society - and the last resort - should used as the ultimate tool when the solution to the conflict cannot provide legal or other branches they have failed (not to be confused with the principle of preference).

This new direction can be seen with the inclusion of a few years ago for crimes against intellectual property, sponsored by the SGAE, or the criminal responsibility of legal persons introduced in the latest reform is not yet in force.

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