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- Title
ACERCA DE LA PRIVACIÓN DEL EJERCICIO DEL DERECHO DE SUFRAGIO PASIVO COMO CONSECUENCIA, DIRECTA O INDIRECTA, DEL DELITO.
- Authors
Benítez Ortúzar, Ignacio F.
- Abstract
The punishment of disqualification for the exercise of the right to vote has become a punishment of widespread application. Its correct inclusión in the Criminal Code as a main punishment, cumulative to the punishment of special disqualification for public employment or office, in crimes against the Public Administration comes from the recent Organic Law 1/2015. However, in practice, its excessive expansion is due to its configuration as an punishment accessory to imprisonment for less than ten years: the obligation to impose an punishment accessory to the main one, together with the fact that in this modality of punishment of deprivation of rights it does not matter the existence or not of a personal connection wiTth the activity of the convict neither a relation with the crime committed, makes that it has turned into the accessory punishment commonly applied by the courts. Despite its social invisibility, it deprives the subject of the exercise of the fundamental right in a democratic society to participate in public affairs as elected office. Deprivation even more affected when the ordinary legislator, not criminal, incorporates in the legal formation of the fundamental right to passive suffrage the administrative execution of criminal sentences.
- Subjects
DISQUALIFICATION of public prosecutors; CRIMINAL codes; PUNISHMENT; IMPRISONMENT; FINES (Penalties)
- Publication
Cuadernos de Política Criminal, 2016, Issue 120, p5
- ISSN
0210-4059
- Publication type
Article