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- Title
Constitución Política: ¿Fuente y/o límite del Derecho Penal?
- Authors
Huertas Díaz, Omar; Yahir Oviedo, Islen; Bayona Hernández, Luis Antonio
- Abstract
In this article, it is examined the question of the treatment of the Politic Constitution --Letter of normative orientation founding of the Modern State- as a source and/or limit of Criminal Law. Strictly speaking, the analysis of always ongoing debate about the relationship between the Ius Puniendi, headed by the State, and the Norms of Norms as founding element -source- and / or legal parameter that imposes a "ceiling" for the punitive function of the State. It ponders on the consideration of this relationship from an external view of criminal law, as well as from his inner vision based on the own proposals of penal guarantees, the criminal law and the constitutional principles. Some conclusions that have been considered "open", because the debate about the commented issue is even deeper and beyond trying to close this same, is encouraged the academic reflection about what is exposed here.
- Subjects
CRIMINAL law; CONSTITUTIONAL law; HEADS of state; CEILINGS; CONSTITUTIONS
- Publication
Verba Iuris, 2020, Issue 43, p175
- ISSN
0121-3474
- Publication type
Article
- DOI
10.18041/0121-3474/verbaiuris.43.6508