This work analyzes the problems that arise around the scope of application of article 273.4 of the Penal Code, which protects the right of exclusive economic exploitation of the owners of creations or inventions in the field of botany, the so-called plant varieties, within the framework of crimes against industrial property.

This paper clarified the criminal liability of legal persons under Panamanian law. First, the laws that regulate the legal person were explained, including an analysis of the criminal sanctions in Criminal Law, as well as the opinion of the main Panamanian jurists. Finally, a description and interpretation of the Guide for the attribution of criminal liability issued by the Attorney General's Office of Panama was made. For this purpose, techniques of review of Panamanian Law sources and theory review were used. The conclusion was reached, among others, that to hold a legal person criminally liable, it must be shown that it was created or used to commit a crime, and that this crime must be the reflection of an organizational failure.

The reform of Criminal Code by LO 11/2022 is a consequence of the doubts generated after the creation of the category of less serious negligence, following the elimination of misdemeanors from the Code in 2015, at which time minor negligence was redirected to the administrative sphere. Some judges continued with the inertia of continuing to interpret minor negligence in the same terms in which it was interpreted before said change, which generated an increase in the number of orders to file cases of negligence in the road area. The reform attempts to halt this trend. This paper makes an assessment of this reform. Also evaluates that the penalty of deprivation of driving license has been established as mandatory in the crimes of homicide and injuries committed by less serious negligence, when occur in the road environment. Finally, analyzes a modification to the crime of abandoning the scene of the accident.

This report aims to provide an overview of the regulatory framework for the criminal liability of legal entities in Mexico. To this end, it considers the background and peculiarities that prompted the reforms of the Federal Criminal Code and the National Code of Criminal Procedure; it describes the current situation concerning the corporate criminal liability and the different procedural aspects at the federal level; and it also briefly adresses diverse relevant issues of local criminal matters within the jurisdiction of the states. This paper offers a perspective on the current problems and challenges faced by the criminal liability of legal entities in the country in order to achieve an adequate legal framework and its consolidation in the practice.

This paper addresses the most problematic issues and opportunities for a restorative response exclusively to public corruption from the beginning of the proceedings to the execution of the sentence within the framework of the latest Draft Bill of the Criminal Procedure Act, which seriously compromises restorative intervention for these offenses.

The increase in electricity fraud in Spain has led utility companies to demand more dissuasive measures and tougher penalties as a general prevention mechanism. In this paper we analyze the current criminal response through the systematic analysis of the criminal figures contemplated in Chapter VI, Title XIII of Book II of the Penal Code, which bears the rubric "of fraud of electric fluid and similar", as well as their effectiveness in order to solve a problem that is not isolated. Only the critique of the status quo of our regulation will allow us to improve and achieve the end of the criminal phenomenon, or at least the reduction of fraud in the electricity sector.

This work aims to analyze the difficulty that certain people face in achieving their rights when two or more discriminatory circumstances intersect simultaneously, such as ethnicity/race and gender. This is the case of African-migrant-women-prostitutes in Spain, as it is evidenced by the judgment of the European Court of Human Rights Beauty Solomon (B.S) vs. Spain of July 14, 2012. Through this case we will analyze the social structures that prevent prosecution and punishment of certain crimes where clearly racist and sexist attitudes are normalized. Traditional anti-discrimination criminal law based on isolated circumstances of discrimination will be criticized to later analyze the latest laws approved in Spain in 2022 that already incorporate the concept of intersectionality. A concept that is still too new to assess its application within the criminal code.

This paper deals with the possible use of Criminal Law in the prevention of reproductive and obstetric violence. An analysis contextualised in the limiting principles of ius puniendi, particularly taking into consideration the principles of ultima ratio, minimum intervention and subsidiarity. Previously, both forms of violence against women have been defined by means of instruments and texts emanating from international organizations and national regulations. For de most serious behaviours of reproductive violence, there is an indisputable penal response through the crimes or offences of bodily injuries and non-consensual abortion. Also for obstetric violence consisting of medical negligence, in this case through the crimes or offences of bodily injuries and even negligent homicide. Invasive interventions on physical integrity must be addressed from crimes or offences of bodily injuries violating the right to informed consent, another of the behaviours that make up the concept of obstetric violence. For the other manifestations of reproductive violence, depending on the concurrent circumstances, a penal response may also be found, ranging from crimes or offences against physical integrity and health and against freedom to offences against the Constitution. Criminal Law can also play its preventive role with regard to obstetric violence, mainly through crimes or offences that protect physical integrity and health, freedom and moral integrity.

Since the 1940s, there has been growing interest in white collar crime, yet understanding of victimization in this area remains obscure. Research traditionally focused on individual victimizations, overlooking the complexities inherent in these crimes, often characterized by an appearance of legitimacy and trust in the agents involved. In the Spanish-speaking world, there is a notable lack of comprehensive studies addressing this issue. This article aims to conceptualize victims of economic offenses and explore factors contributing to their invisibility and neglect in the current socio-legal context. Utilizing a qualitative and exploratory approach, it reviews existing literature, offering an overview of the neglect towards victims. It emphasizes the need to extend the legal definition of a victim, traditionally centred on the offense or risk to personal legal rights and interests, to include criteria that encompass the collective dimension of victimization.

Disinformation is one of the phenomena that is currently of particular concern to States and international institutions because of the grave consequences that a disinformation campaign can have for the basic pillars of a democratic system. This suggests the possibility of establishing controls to reduce their effects. Controls which would also include recourse to the legal system. This paper focuses on three fundamental aspects: the delimitation of the concept of disinformation with respect to other similar concepts, the impact that regulation or control can have on fundamental rights, essentially freedom of information, and thirdly, the possible responses that the legal system, and more specifically criminal law, can offer in these cases. The study ends with an analysis of the questionable possibility that criminalisation of false information could be a legitimate solution.

In judicial decisions on burglary by forcing safes, closets or other closed objects, we find a surprising statement: that for the burglary to be consummated it is not necessary for the active subject to actually carry out vis in rebus, but that it is sufficient for him to remove the receptacle containing the thing, provided that on the subjective level he has the intention to subsequently force said receptacle (i.e. that consummation here does not require to carry out all the elements of the crime, but that it is sufficient to carry out some of them if there is an intention to carry out the others: what this line calls "subjectively anticipated consummation of the crime". This interpretation lacks support in current positive law. To understand its origin it is necessary to consider two factors: on the one hand, the historical evolution of the offence of burglary. On the other hand, a malpractice in the motivation of sentences consisting of an abusive or inadequate use of the "copy-paste precedent", which in this case has led to a clear deviation from the provisions of the Criminal Code. The article concludes with some additional considerations on this malpractice and the need to reverse it.

he current legal-criminal concept of prostitution does not adapt well to the requirements of the principle of taxativity. The Penal Code itself uses it in different senses and, sometimes, with respect to very close conduct, it does not use it. The ordinary meaning of “prostitution” is conditioned with ideological and gender prejudices. This article calls for its rationalization, to put emphasis on consent to dispose of one's own body, with some requirements: first, the same concept of consent - and the causes that invalidate it – must be adopted for all cases in which that the body itself is involved; second, that it does not serve to hide sexual assaults; and, third, that it does not serve to hide situations of exploitation, servitude or slavery. All these issues must be reviewed in relation to the legislative initiatives underway and require a systematic review of the entire Penal Code.

Human trafficking is an undoubted social scourge considered a modern form of slavery. Therefore, it is not surprising that both international and national texts have taken a step forward in their fight, adopting an increasingly victim-centric approach, which incorporates prevention and protection factors for victims. Being a victim of trafficking already represents an enormous attack on the dignity of those affected, who, in addition, are frequently compelled to carry out criminal activities in this context of trafficking; Furthermore, sometimes criminal activity is the specific purpose of trafficking, as is the case in cases of trafficking for criminal exploitation. It seems logical, therefore, to admit that there are ample reasons not to punish those people who carry out forced illicit activities, but the specific wording of the exemption makes its application extremely difficult, as can be seen from the jurisprudence.

This contribution explores the distinction between terrorism offenses and international crimes, such as crimes against humanity and war crimes. While there are significant areas of overlap between these two categories, it is important to differentiate them. Both involve serious crimes committed by organized groups with criminal intent. However, international crimes require State participation or a breakdown of sovereign authority, which is not the case with terrorism, as it is specifically directed against and in opposition to the State. This distinction also explains why international criminal jurisdiction is only invoked when the State is unwilling or unable to investigate and prosecute the alleged perpetrators.