51. El Derecho procesal-penal del enemigo: una mirada general.
- Author
-
Merkel, Laura
- Subjects
- *
CRIMINAL law , *JUSTICE administration , *CRIMINAL procedure , *PROCEDURAL justice , *DUE process of law - Abstract
In this paper, we focus on the procedural-criminal law of the enemy which is generally conceived as an exceptional criminal law and analyzed from the point of view of substantial criminal law and procedural law. In particular, we elaborate on the fact that since the criminal law of the enemy can be understood as a suspension –even if temporary and restricted in its application– of the typical guarantees of modern procedure law as well as an extension of the legislation in the Criminal Code which punishes conducts that does not directly violate any legal interest protected by the system, it may contradict the fundamental principles of modern criminal law. Finally, we conclude by arguing that the space actually occupied by the exception in our system is not that limited and therefore we try to seek a balance between the conflicting terms. [ABSTRACT FROM AUTHOR]
- Published
- 2022