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- Title
LA LIBERTAD VIGILADA EN EL CP DE 2010. ESPECIAL MENCIÓN A LA LIBERTAD VIGILADA PARA IMPUTABLES PELIGROSOS.
- Authors
Jiménez martínez, Custodia
- Abstract
Spanish Law 5/2010 of 22 June, which came into force on 23 December 2010, distinctly altered some fundamental institutions of the general part of the Penal Code. Of particular significance is the controversial introduction of the new security measures for parole, also applicable to chargeable offences (art. 106 PC) with of its implementation after completion of prison sentences. The new legal consequence of crime is provided for those cases where they expressly provide for the criminal law. Thus, the Spanish Criminal Code directly include the principles of the «criminal law of enemy» based on a specific punitive treatment for state offenders (sexual and terrorists) with a differentiated system of legal consequences from traditional crimes, starting from the presumption that the prison sentence for these subjects only fulfils a retributive function, maintaining criminal dangerousness after compliance, which justifies the imposition, as a security measure, of a period of supervised liberty, which may extend to ten years after the effective implementation of the sentence.
- Subjects
SPAIN; CRIMINAL codes; CRIMINAL law; PAROLE; SEX offenders; LEGAL status of terrorists
- Publication
Revista de Derecho Penal y Criminologia, 2012, p13
- ISSN
1132-9955
- Publication type
Article