The article examines some of the legislative changes of the 2006 reform of adult prisons Law in Germany. The 2006 reform gave the Länder competence to regulate the execution of the prison sentence, generating a wave of new prison laws in the country. This article examines whether the new legislation regarding the adult prison sentences reflects the lineages of the federal law of 1976 and the case law standards of the BVerfG in this area.The aim is to know the issues where the criteria of federal law and BVerfG’s case-law influence state legislation, on the other hand, the issues where state laws have innovated. At the same time, it also intends to make a critical analysis of whether the adherence or innovation of state laws signifies an advance with respect to previous regulations.

The purpose of this paper is to identify and analyze the main criteria and standards developed in the field of international human rights law that delimitate the scope of the right to a special treatment in the execution of the penalty of deprivation of liberty for juveniles in contrast with adults. The work identifies the concrete consequences of the need for a specialized execution of sentences for juveniles in the regulation of institutions and guarantees established in favour of minors within the execution of the sanction of juvenile imprisonment, and then it determines how they have been recognized and developed by the corpus juris of international human rights law (international legislation, doctrine and case law). First, the paper analyzes how the reinforced protection of juvenile prisoners is recognized in the international human rights system, concluding that it is widely r...

The purpose of this paper is to identify and analyze the main criteria and standards developed in the field of international human rights law that delimitate the scope of the right to a special treatment in the execution of the penalty of deprivation of liberty for juveniles in contrast with adults. The work identifies the concrete consequences of the need for a specialized execution of sentences for juveniles in the regulation of institutions and guarantees established in favour of minors within the execution of the sanction of juvenile imprisonment, and then it determines how they have been recognized and developed by the corpus juris of international human rights law (international legislation, doctrine and case law). First, the paper analyzes how the reinforced protection of juvenile prisoners is recognized in the international human rights system, concluding that it is widely recogn...

The article examines some of the legislative changes of the 2006 reform of adult prisons Law in Germany. The 2006 reform gave the Länder competence to regulate the execution of the prison sentence, generating a wave of new prison laws in the country. This article examines whether the new legislation regarding the adult prison sentences reflects the lineages of the federal law of 1976 and the case law standards of the BVerfG in this area.The aim is to know the issues where the criteria of federal law and BVerfG’s case-law influence state legislation, on the other hand, the issues where state laws have innovated. At the same time, it also intends to make a critical analysis of whether the adherence or innovation of state laws signifies an advance with respect to previous regulations.

The article examines some of the legislative changes of the 2006 reform of adult prisons Law in Germany. The 2006 reform gave the Länder competence to regulate the execution of the prison sentence, generating a wave of new prison laws in the country. This article examines whether the new legislation regarding the adult prison sentences reflects the lineages of the federal law of 1976 and the case law standards of the BVerfG in this area.The aim is to know the issues where the criteria of federal law and BVerfG’s case-law influence state legislation, on the other hand, the issues where state laws have innovated. At the same time, it also intends to make a critical analysis of whether the adherence or innovation of state laws signifies an advance with respect to previous regulations.

The purpose of this paper is to identify and analyze the main criteria and standards developed in the field of international human rights law that delimitate the scope of the right to a special treatment in the execution of the penalty of deprivation of liberty for juveniles in contrast with adults. The work identifies the concrete consequences of the need for a specialized execution of sentences for juveniles in the regulation of institutions and guarantees established in favour of minors within the execution of the sanction of juvenile imprisonment, and then it determines how they have been recognized and developed by the corpus juris of international human rights law (international legislation, doctrine and case law). First, the paper analyzes how the reinforced protection of juvenile prisoners is recognized in the international human rights system, concluding that it is widely r...

In Chilean law, difficulties arise when it comes to ascribing criminal responsibility to corporate management bodies that give orders to their subordinates to commit intentional crimes of domination, which is explained by a variety of reasons, both dogmatic and of positive law. According to the “individual ascription of legal responsibility model”, the direct perpetrator of a crime is the person who carries out both the actus rea and means rea of an offence, without grounds for justificatory or excusatory defenses of guilt. Due to the existing division between making decisions and taking action in the corporate sphere, management bodies do not typically carry out the respective criminal conduct and, consequently, cannot be perceived as principal perpetrators. Moreover, they will often avoid making co-perpetration contributions, a...

In Chilean law, difficulties arise when it comes to ascribing criminal responsibility to corporate management bodies that give orders to their subordinates to commit intentional crimes of domination, which is explained by a variety of reasons, both dogmatic and of positive law. According to the “individual ascription of legal responsibility model”, the direct perpetrator of a crime is the person who carries out both the actus rea and means rea of an offence, without grounds for justificatory or excusatory defenses of guilt. Due to the existing division between making decisions and taking action in the corporate sphere, management bodies do not typically carry out the respective criminal conduct and, consequently, cannot be perceived as principal perpetrators. Moreover, they will often avoid making co-perpetration contributions, as described in article 15, Nos 1 and 3 of the Chilean C...

In Chilean law, difficulties arise when it comes to ascribing criminal responsibility to corporate management bodies that give orders to their subordinates to commit intentional crimes of domination, which is explained by a variety of reasons, both dogmatic and of positive law. According to the “individual ascription of legal responsibility model”, the direct perpetrator of a crime is the person who carries out both the actus rea and means rea of an offence, without grounds for justificatory or excusatory defenses of guilt. Due to the existing division between making decisions and taking action in the corporate sphere, management bodies do not typically carry out the respective criminal conduct and, consequently, cannot be perceived as principal perpetrators. Moreover, they will often avoid making co-perpetration contributions, a...