El principio de la humanidad en Derecho penal
ISSN: 2007-4700
Année de publication: 2013
Número: 4
Pages: 9-20
Type: Article
D'autres publications dans: Revista penal México
Résumé
Due to its character of juridical power, ius puniendi must —if it is to keep its legitimacy— abide by several “basic principles”: necessity, legality, subjective imputability, and culpability, with their corresponding corollaries: subsidiarity, minimal intervention, fragmentary condition of Criminal Law, absolute preeminence of law, restrictivity, basic penal guarantees, (criminal, penal, procedural, and executive), interdiction of every responsibility for the result, personal responsibility... In a democratic society, therefore based in the value of individuals, ius puniendi must also respect the humanity principle, a less studied principle but undoubtedly not “less important” than the other ones.