Estudios Penales y Criminológicos is an annually published journal founded in 1977. It publishes original works in any of the disciplines of criminology and related disciplines (penal law, legal medicine, administrative law penalties, criminal psychology, criminal psychiatry, victimology, criminal sociology, criminal politics, and so on). There are papers dedicated to a monographic topic —determined for each issue by the journal’s Editorial Board—, and papers with a free topic, and it is possible for an issue to combine both options.
Estudios Penales y Criminológicos is indexed in Westlaw, Criminal Justice Abstracts, Criminal Justice Abstracts with Full Text, CARHUS Plus+ 2018, ERIH PLUS, TOC Premier, ISOC, ULRICH, DIALNET, SUMARIS CBUC, LATINDEX, IBZ Online, Aranzadi Instituciones.
The digital portal of Estudios Penales y Criminológicos is published in Spanish and English. The official languages of the journal are Spanish and English; exceptionally, the Editorial Board may consider the publication of papers in other languages (galicish, portuguese, german, Italian).

 

THE PROTECTION OF BIOTECHNOLOGY APPLIED TO PLANTS THROUGH CRIMINAL LAW: THE CRIME AGAINST PLANT VARIETIES IN THE FRAMEWORK OF CRIMES AGAINST INDUSTRIAL PROPERTY

  • María Isabel Montserrat Sánchez-Escribano
Published 29-05-2024

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.

THE CRIMINAL LIABILITY OF LEGAL PERSONS IN PANAMA

  • Orestes Arenas Nero
Published 14-05-2024

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.

ANALYSIS OF THE REFORM OF THE PENAL CODE CARRIED OUT BY LO 11/2022, OF SEPTEMBER 13TH, REGARDING IMPRUDENCE IN THE DRIVING MOTOR VEHICLES OR MOPEDS

  • Luis Rodríguez Moro
Published 31-01-2024




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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.





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PERSPECTIVE AND CHALLENGES OF THE CRIMINAL LIABILITY OF LEGAL ENTITIES IN MEXICO

  • Manuel Espinoza de los Monteros de la Parra LL.M.
Published 16-04-2024

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.

Recensión a Villa Sieiro (dir.), Violencia de género, justicia y Pacto de Estado. Ed. Tirant lo Blanch, Valencia, 2023

  • Ana Gutiérrez
Published 08-03-2024

THE TREATMENT OF ELECTRICAL FLUID DEFRAUDATION IN THE SPANISH CRIMINAL CODE

  • Marta Pardo Miranda
Published 10-06-2024

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.

DISCRIMINATION AGAINST MIGRANT WOMEN IN PROSTITUTION: AN INTERSECTIONAL CRIMINAL APPROACH

  • María Concepción Gorjón Barranco
Published 01-06-2024

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.

THE CRIMINAL WEAPON AND THE WAR AGAINST PROSTITUTION: REFLECTIONS FOR THE REFORM OF THE CRIMINAL CODE

  • Paz Mercedes De la Cuesta Aguado
Published 01-06-2024

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.

Vol 43 (2023)

Published: 2024-01-17

Table of contents

ON PSEUDO-THERAPIES: BETWEEN LEGAL LIMBO AND CRIMINAL LAW

  • Mª del Carmen Gómez Rivero
Published: 26-10-2023
Pages 1-39
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