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artículo
This paper begins by developing the importance of understanding the modifications of the Swiss Penal Code in order to take advantage of the comparative method with respect to the elaboration and interpretation of our criminal laws. In this line, the text introduces us to the thought of Carl Stoos, who elaborated the first draft of the Swiss Criminal Code, prior to the analysis of the reform and the changes in the provisions of the Criminal Code. In this way, the author highlights the influence of Stoos' thinking, especially his postulates regarding the resocialization of the offender and also presents criticisms of the new formulations introduced in the reform regarding the approach to criminal law.
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artículo
Publicado 1974
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The purpose of this paper is to analyze the legal interpretation of criminal law. To this end, both the principles and rules underlying the interpretive methods and the concepts used by judges are examined in order to understand the logical processes involved in the application of criminal law. Also, the decisions of the Supreme Court of Justice of Peru are analyzed in order to understand the axiological process followed by the judges. The conclusion is that the judges have the obligation of clarifying the meaning of the rule in accordance with the literal meaning of the legal text, and that the judges have the obligation of clarifying the meaning of the rule in accordance with the literal meaning of the legal text.
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Publicado 1973
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This article scrutinizes the institution of conditional sentencing within the Peruvian legal framework, examining its origins, evolution, and judicial implementation. It commences with an overview of the legislative backdrop surrounding conditional sentencing, addressing debates concerning its legal classification and nomenclature. The article further explores its overarching objective of mitigating the adverse repercussions of short prison terms, its statutory underpinnings, and the criteria for its application. Specific instances warranting conditional sentencing, such as cases involving sentences not exceeding six months, fines, or first-time convictions, are deliberated upon. Additionally, the article discusses scenarios indicating a favorable prognosis for the offender's future conduct and adherence to stipulated behavioral guidelines during a probationary period. Taking into accoun...
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1a ed.
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