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- Title
EL PRESUPUESTO DE LA SUSPENSIÓN, ART. 80.1 CÓDIGO PENAL: ¿UN CAMBIO EN SU PLANTEAMIENTO?
- Authors
Trapero Barreales, María A.
- Abstract
The LO 1/2015, of March 30th, modified in an important way the regulation of the suspension of custodial sentences. One of the most important changes is the requisite for its authorization, if one defends an interpretation “pro suspension", in which the priority is the special prevention. Because the reedition of the art. 80. 1 CP can allow an application of this alternative also to persons at the risk of criminal reiteration, if this risk can be controlled or minimized without the execution of the sentences, with the rules of conduct of the art. 83 CP. But this new formulation of the requisite for the suspension can turn useless if its appreciation bases exclusively on the judicial evaluation of certain criteria, described in the art. 80. 1, second paragraph CP, without support of an expert report.
- Subjects
CUSTODIAL sentences; CRIMINAL records; CRIMINAL reparations; EXPERT evidence lawsuits; JUDICIAL process; ACTIONS &; defenses (Law)
- Publication
Cuadernos de Política Criminal, 2016, Issue 120, p83
- ISSN
0210-4059
- Publication type
Article