Search

This paper analyzes the use in schools of private teaching platforms. They have had a boost with the COVID19 pandemic. The use of Google workplace for education has been considered an effective way both to adapt to the challenges of digitization and to face critical situations. The analysis carried out reveals a threat linked to the privacy of minors. Applying heuristic analysis, the results show the need to implement a principle of technological caution on the use of these platforms in education. It concludes with the need to deepen the analysis of the implications for kids and teenagers of the use of this software and the convenience of applying free and open tools. [ABSTRACT FROM AUTHOR]

In the last decade, it's become apparent how some social groups, heterogenous among them, have asked for and celebrated longer prison sentences for crimes against the values they defend. The aim of this paper is to reflect on the paradox that some movements involved in the struggle for the consolidation of fundamental rights denounce the cruelty and dysfunctions generated by the penal system in general and prison in particular, but justify them as adequate means to make visible, respond to and resolve social problems. These inconsistencies can feed and increase the slippery slope towards punitive and prison exceptionalism and consolidate as another type of punitive populism. [ABSTRACT FROM AUTHOR]

In our time, we witness a true proliferation of rights. There is no conflict or human problem that doesn't lead to a debate about the rights we have and whose protection we demand. Such a scenario gives rise to the emergence of multiple challenges for a theory of human rights. These challenges can be both theoretical and practical. This paper points out a peculiar theoretical challenge: the need to clarify and determine very well the scope of any political ideology that contains a theory of human rights. Currently, the theory of the Common has been chosen in order to compare it with the political consequences of two theories that, in some way, have historically preceded it: J.J. Rousseau's General Will and C. Marx's proposal of a generic being. [ABSTRACT FROM AUTHOR]

This paper deals with the question regarding the crisis of the effectiveness of human and fundamental rights. This is a challenge that requires commitment, vigilance, shared liability. Rights are an indispensable tool for expressing the value of dignity that is linked to vulnerability as a common human condition. Rights are a type of social practice aimed at their implementation and concretization. It is made up of principles, rules, institutions, procedures, attitudes, acts of interpretation. This practice plays an important role in countering and eliminating the situations that produce violations concerning the subjects in their multiple differences and specific existences. [ABSTRACT FROM AUTHOR]

Philosophical reflection on justice for animals finds expression in a multiplicity of theories. In this context are fundamental the theories focused on suffering and compassion (developed among others by Peter Singer and Carol Adams), Tom Regan's theory of animal rights, Will Kymlicka's political theory of animal rights. This paper identifies three open questions, transversal to the different positions that make up this rich and important debate. It deals with the notion of person, the theme of gratuitous moral evil, the presumed principle of reciprocity between rights and duties. The belief underlying the article is that an in-depth study of these theoretical issues could be fruitful in consolidating the idea that justice for animals is an unavoidable goal for every democracy. [ABSTRACT FROM AUTHOR]

This paper includes some reflections on the challenges for rights deriving from populism, technology and geopolitics. [ABSTRACT FROM AUTHOR]

The paper refers to the language of rights in the public debate, focusing the attention with the characters of imperativity, inviolability, absoluteness which are proper to the term 'right'. It focuses, on the one hand, on situations where every interest is claimed as a 'right', and, on the other hand, on situations where, on the contrary, fundamental human rights are not widely and unanimously recognized, which is typically the case of women's human rights. [ABSTRACT FROM AUTHOR]

The main objective of this paper is to present the framework of action of the Preliminary Draft of the Organic Law on Comprehensive Protection against Trafficking and Exploitation of Human Beings to shed light on some interpretative problems of the proposed new criminal protection system and to analyze the regulatory framework that guarantees the rights of victims. This framework completes the regulation of minimums enshrined in Law 4/2015, of April 27, 2015, on the Statute of the Victim, in those issues that require regulatory deployments such as prevention, identification, and holistic assistance to this specific victim group. [ABSTRACT FROM AUTHOR]

Since 2010, the Spanish Criminal Code contemplates the criminal liability of legal entities. The criminal law contains the possibility of exonerating or mitigating the liability of the legal person when it has adopted a prevention model. The content of the Compliance Program must comply with the requirements included in art. 31 bis 5 CPE; among them, the fourth condition contains the obligation to inform the person in charge of monitoring the model of possible irregularities that may arise in the development of the business activity. The fourth requirement must be interpreted according to the content of Law 2/2023 of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption, transposed from EU Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. The aim of this paper is to address the issue from a general perspective and to deductively advance to the internal complaints channel in the private sector as a fundamental element of this regulation. [ABSTRACT FROM AUTHOR]

Tikis paper deals with the scope of the modifications made by LO 14/2002, of 22 December, which abolished the crime of sedition and introduced important new features in the crime of public disorder. The presentation of both reforms at the same time offers elements to interpret that the new qualified offence of public disorder is destined to play the role of successor to the first. The study aims to investigate whether the new precept has really come to cover all or, at least, part of the behaviour previously criminalised as sedition and, if this is not the case, whether it is reasonable to conclude that this represents a punishability gap that should be filled. [ABSTRACT FROM AUTHOR]

In Spain, the special tax neutrality regime for exchanges of shares has generated a legal debate on its compatibility with European Union law. This paper analyzes two of these controversial aspects in the field of direct taxation, in particular, regarding the personal scope of the norm and its antiavoidance provisions. [ABSTRACT FROM AUTHOR]

This paper addresses the relationship between the life of the Spanish legal philosopher, Gregorio Peces-Barba Martinez, and the development of human rights and fundamental rights in the Spanish university environment in the nineties. It is analyzed its evolution in Argentina in the same period of time. Finally, this work highlights both, the integral (and three-dimensional) bases of the thought of the Spanish teacher, and the scope they have at present and in the future of all human rights. [ABSTRACT FROM AUTHOR]

During their foundation, Spanish-American republics faced the problem of defining their borders in a precise manner. Remission to the Spanish Monarchy’s territorial divisions proved insufficient because they were imprecisely defined, according to modern standards. In resolving these territorial conflicts, Spain was in a favorable position to influence their outcomes and did so on some occasions. Yet the 1899 Paris Award that decided on the sovereignty of the almost 160.000 km² between Venezuela and the United Kingdom’s British Guyana was one of the few arbitrated by the United States, and one of the most controversial. The twofold purpose of this paper is to inquire the reasons behind Spain’s approach shift, and to assess the plausibility of the criticisms levelled against the Award. [ABSTRACT FROM AUTHOR]

The aim of this paper is to analyze the provisions ex art. 143 bis and 156 ter of the Spanish Criminal Code, which criminalize public distribution on the Internet and other platforms of content specifically aimed to promoting suicide or self-harm of minors or disabled persons in need of special protection. These precepts will be put in relation to the limiting principles of ius puniendi, exploring from a political-criminal perspective with which of them may be in contradiction with. On the other hand, some material interpretative criteria of objective imputation will be offered to provide them with greater legitimacy and respect for these limiting principles so that these crimes are in accordance with the guidelines of a social and democratic rule of law. [ABSTRACT FROM AUTHOR]

Undoubtedly, the middle management of an organized apparatus of power is a very important element, since it makes it possible to articulate the decisions issued by the leadership with the activities to be carried out by the followers. But not in all cases the intervention of a middle management can be understood as being of the utmost importance for the execution of injustices. Thus, on some occasions the middle command will limit itself to relaying the dispositions of the leadership; while on others it will exercise the power over a part of the organization recognized by the apparatus of power. Considering these two possibilities of intervention, this paper proposes different titles of imputation, depending on the case. [ABSTRACT FROM AUTHOR]

The issue of Catalonian nationalism has historically been a highly controversial subject in Spanish politics. Although relevant and debated for decades, we can observe significant changes in its dynamics throughout the years. The Spanish Constitution of 1978 laid out the current territorial organization of Spain as a «State of Autonomies», initially supported by the Catalonian nationalism movement. However, this support has gradually decreased to a blatant opposition. More recently, the Catalonian nationalism has evolved to a completely secessionist movement. An evident example of this is the referendum held on 10-1-17, as well as the protests and controversies surrounding it. This change of paradigm was not a sudden drift, but rather a gradual transition of the societal perception of the State of Autonomies and how the Spanish territorial administration affects Catalonia. This paper explores how the Constitutional Court ruling 31/2010 influenced this societal and political change. [ABSTRACT FROM AUTHOR]

In 2019 the Italian legislator introduced in the new art. 612- ter CP the so-called "revenge porn": the practice of disseminating sexually explicit images without the consent of the people depicted. Despite the fact that the formulation of the new crime seems to obey a hasty legislative process, the Italian law presents characteristics of undoubted interest from a comparative perspective. The Italian legislator has oriented itself to the criminalization model proposed by the Anglo-American countries based on the sexual nature of the images disseminated, unlike the European legal systems that have adopted a general concept of privacy, for example, Spain and Germany. In addition, the art. 612-ter CP.it provides original regulatory solutions: the responsibility of the "second distributors" of the images and the requirement of consent in dissemination (which seems to be inspired by the Anglo-American theories of "affirmative consent"). This paper also highlights the importance of abandoning the use of the English neologism to adopt the name "non-consensual pornography" and examines in detail the Italian crime, in constant dialogue with the solutions adopted by the legislators of other legal systems. [ABSTRACT FROM AUTHOR]

The paper aims to analyze the different models of interaction between restorative conducts and criminal liability in the Italian legal system. In fact, in recent decades, the Italian legislator has made more and more frequent use of provisions aimed at attributing importance, in various forms, to post-delictum remedial conducts. However, these perspectives are inspired by political-criminal logics and aims that are not always homogeneous, as they are intended to satisfy different demands. Thus, this work aims to define a complete systematic framework, highlighting the characteristics and the main problems of each model. [ABSTRACT FROM AUTHOR]

This paper analyses the problematic relationship between death penalty and life imprisonment. The first part of the work examines the main steps that led to the replacement of capital punishment with life imprisonment. A topic that calls into question a comparative evaluation between the utilitarian conception of Cesare Beccaria and the thesis of Kant and Hegel in favor of capital punishment. From the basis of these assumptions, we proceeded to analyse the more recent institution of life imprisonment, by means of which the State takes the life of the condemned man, without taking it away from him physically, but socially. [ABSTRACT FROM AUTHOR]

In this paper I analyse Tommaso Greco's proposal regarding the relationship between Law and trust, focusing on some relevant points and showing its complex and multidimensional nature; and showing some consequences related to the concept of Law. [ABSTRACT FROM AUTHOR]

The Open Government model and the parameters of public integrity are important references in the implementation of strategies in the fight against corruption. In this scenario, it is essential to understand the role played by the punitive arsenal through different criminal offences in the context of intervention plans; in this sense, this paper analyses the crime of embezzlement at a particularly propitious moment in view of the current reform to examine the proposed changes in its adaptation to the new needs and current criminological reality. [ABSTRACT FROM AUTHOR]

This article aims to analyze two paradigms of restoration in criminal proceedings. Particularly, the traditional ex delicto civil liability model versus the modern German system of the third way. In this paper we will contrast the advantages and disadvantages of one approach with those of the other. Finally, we will present our conclusions from the research. [ABSTRACT FROM AUTHOR]

The Internet has allowed certain forms of crime to be transferred to a digital context with the aim of facilitating the commission of crime, posing a new challenge in the prevention and fight against crime. The distribution of illicit material (child pornography, sale of drugs, etc.) on the Dark Web is an ideal scenario for cybercriminals to ensure anonymity and data volatility. This paper presents a methodology to improve police investigation through the use of Honeypots. The methodology consists of the publication of services for the sale of illicit material so that interested parties can access the Honeypots. These allow the collection of information on the location from which access is attempted. In this way, a map will be created with the information of the connections in order to detect the risk areas.nb. This methodological innovation will allow us to obtain relevant information for the police that otherwise would not be possible to collect. Within cybercrime, obtaining data is a key element in combating and analyzing it. The usefulness of this methodology is that it can be extended to other forms of cybercrime present in the Dark Web. The collection of source IPs, since in certain scenarios it cannot be determined whether they are true IPs, is the main limitation of the investigation. [ABSTRACT FROM AUTHOR]

The system for setting corporate penalties is not sufficiently precise and there are situations in which the regulation is obscure or nonexistent. This is particularly evident in cases where there is a concurrence of sanctions: can several interdictive penalties be imposed for the same conviction? If a corporation is convicted of several criminal offences, will the penalties be imposed simultaneously without limit or can the rules of concurrence of offences be used? These questions will be the subject of this paper, which is organised around three axes: the possibility of simultaneous enforcement of the penalties imposed on corporation; accumulation will be limited, in the case of fines, by using the same rules to adjust the fine to the economic capacity of the convicted person, and in the case of interdictive penalties, according to the preventive need to inoculate the convicted legal person. [ABSTRACT FROM AUTHOR]

Resettlement is a constitutional aim of prison sentences and it seems relevant to know how this aim is achieved and explore improvement measures. The paper describes the Spanish system of resettlement in which we find two situations: prisoners early-released that received meaningful supervision and support and prisoners that serve the full sentence, that lack any kind of supervision and receive limited support. The causes of the problem are found in short-term sentences, that lack any kind of a sentence plan, and in those medium and long-term prisoners that due to different reasons are excluded from early release. Regarding the second issue the paper explores different experiences in European comparative penology and shows how semiautomatic system of early release is a good practice in order to advance towards universality in resettlement. [ABSTRACT FROM AUTHOR]

The criminal liability of legal persons has determined new theoretical and practical scenarios in companies, which are indirectly required to develop suitable and effective organisational and management models to exempt or, where appropriate, mitigate this liability. In this regulatory context, the protection of the environment demands a situational analysis of offences against this legal interest, as corporate offences and for each sector of production. Only in this way it will be possible to assess the specific risks of each industrial activity, in compliance with the prevailing objectives of sustainability. To this end, this paper studies the core element of compliance, the criminal risk map, focusing on one of the primary production sectors, livestock farming, due to its high incidence of pollution. Our aim is to initiate a risk-based crime prognosis (probability of occurrence and impact) by industrial sectors, offering a generic tool that allows all entities that carry out the same activity to objectively anticipate their risk of environmental crime. [ABSTRACT FROM AUTHOR]

This paper presents the different scenarios to be faced as a result of the refugee crisis in the Mediterranean Sea, and the rescue operations carried out. These consequences are of a very diverse nature, since some of them affect only specific individuals, but others, however, affect society as a whole. On the one hand, there are the short-term consequences, which refer to criminal proceedings, either against NGOs and the crews of their ships, or against State officials. On the other hand, the long-term consequences (and that we have not faced yet), would be the threat to the free movement system (Schengen), and the possible knock-on effect. In this regard, a recent predictive mathematical model created ad hoc to try to measure this knock-on effect is analyzed. [ABSTRACT FROM AUTHOR]

The paper analyses the modifications in the Spanish legal regime for fresh start for natural debtors resulting from the implementation of the European Directive on preventive restructuring frameworks. [ABSTRACT FROM AUTHOR]

The paper focuses on the criminal liability of artificial agents and the 'humans behind' Artificial Intelligence. Firstly, it classifies the artificial agents on the basis of their structure and their level of automation and autonomy. Secondly, it excludes the possibility to consider an autonomous agent as a recipient of criminal punishment. Hence, it determines under what conditions humans should be held criminally responsible for developing, programming, producting and using artificial agents that cause harm to others. The paper also analyses when an artificial agent can be considered as a tool to commit a crime or a 'victim' of a crime. Finally, it suggests possible criteria to solve some criminal issues related to the technological opacity and the AI development. [ABSTRACT FROM AUTHOR]

This paper aims to show the opposition between the Humanist cultural tradition and the main theses currently defended by Posthumanism. The structure of the paper is built upon the corresponding answers provided by both trends to the three main philosophical questions: How do we know reality? What are the world and life, and how are they explained? What is the best way to live one’s life? Gnoseology (or theory of knowledge), Ontology, and Deontology or Ethics have respectively tried to provide answers for such questions. Certain ambiguities of the Posthumanist dehumanizing project are also addressed. The paper concludes with an exposition of the arguments that justify the continuity of Humanist values, principles, and rights, updated according to the demands of our time. This paper aims to show the opposition between the Humanist cultural tradition and the main theses currently defended by Posthumanism. The structure of the paper is built upon the corresponding answers provided by both trends to the three main philosophical questions: How do we know reality? What are the world and life, and how are they explained? What is the best way to live one’s life? Gnoseology (or theory of knowledge), Ontology, and Deontology or Ethics have respectively tried to provide answers for such questions. Certain ambiguities of the Posthumanist dehumanizing project are also addressed. The paper concludes with an exposition of the arguments that justify the continuity of Humanist values, principles, and rights, updated according to the demands of our time. [ABSTRACT FROM AUTHOR]

Spanish legal discussion on the rights of transgender people and the possible collision with other legally protected interests has been fuelled by the recent approval, by the Council of Ministers, of the draft Law for the real and effective equality of transgender people and for the guarantee of the rights of LGTBI people. In this context, this paper sets out to find out what the legal reality of trans people is beyond our borders, specifically, within the Inter-American Human Rights System, with the main aim of finding tools and interpretative keys which, from the legislation and legal conflicts of the countries analysed, provide lessons for the Spanish legal debate. [ABSTRACT FROM AUTHOR]

The frequent crises of the criminal system led to an increase in the use of extra-judicial, informal methods of response to the crime. One of the main examples is restorative justice, whose programs refer to some key concepts such as: listening, dialogue, empathy, trust, recognition. However, these aspects are present first and foremost in what could be defined as a whole notion of law, that is not reduced to its authoritative and coercive dimension. Using the category of recognition, the paper reaffirms how the human relational nature constitutes the necessary premise for the existence of the law. In this regard, the current debate on restorative justice is an additional opportunity to critically re-discuss a somehow exclusive and reductive vision of the law. [ABSTRACT FROM AUTHOR]

This paper provides an analysis of regulation and case law dealing with the right to live in the family home after the termination of marriage. It focuses on the parameters to be taken into account by the judge when deciding about the right to live in the family house and it highlights the insufficiency of current Spanish law to balance the circumstances in case of joint custody. This paper analyses some lege ferenda proposals, with the aim of improving current article 96 of the Spanish Civil Code. We propose the regulation of some parameters to decide about the attribution and end of the right to live in the family house as well as the identity of the debtor of the family house expenses. Thus, in an attempt to fi nd a global and balanced solution, which takes into account the features of Spanish society and the frequent modifications of ex-spouses' life after the end of marriage. Every proposal has dealt with the imbalance produced in those cases where the right to live in the family home is allocated to the ex-spouse that has the guardianship of common children from the marriage when that person is not the only proprietor or is not one of the proprietors of that house. In that situation, the real proprietor of the house has neither the guardianship of the children nor the right to live in the family house. [ABSTRACT FROM AUTHOR]

This paper aims to systematize the arguments used by the Spanish courts to support the convictions for the crime of libel and defamation against the Crown regulated in article 490.3 and 491 of the Criminal Code. Traditionally, the jurisprudence considered offenses against the honor of the Crown those expressions that were insulting and unnecessary to convey ideas or opinions contrary to the institution. However, following STC 177/2015, the courts have interpreted some messages directed against kings as incitement to hatred and violence. This construction contradicts the European Court of Human Rights doctrine on the limits to freedom of expression. In addition, it deforms the concept of «hate speech» and makes us wonder what legal interest is being protected by these legal provisions. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to discuss about gestational surrogacy motherhood agreements from the point of view of feminist theories, and the way in which these statements are translated into arguments for or against a regulation. The final aim is to think the way in which this argument could be construed in order to create the required regulation in a context of legal vacuum and regulatory uncertainty. [ABSTRACT FROM AUTHOR]

On 28 May 2022, the amendment of the Unfair Competition Law, introduced by Royal Decree-Law 24/2021 of 2 November, which transposes, among others, Directive (EU) 2019/2161 and amends the Unfair Competition Law to adapt it to the reality of the digital market, came into force. This paper aims to explain what the amendments are, what they are due to and what implications they could have. [ABSTRACT FROM AUTHOR]

Rhetoric, understood as the art of persuasion, has a direct impact on the daily work of jurists. The aim of this paper is, firstly, to analyse the causes and historical context that led to the emergence of rhetoric in Syracuse and Athens during the 5th century BC. Secondly, it studies the polemic about rhetoric between the main sophists of the time and Plato. Finally, the theoretical systematisation of the discipline of rhetoric developed by Aristotle in his book Rhetoric is presented. [ABSTRACT FROM AUTHOR]

The incorporation of the offences of illegal financing of political parties in the Spanish legal system through the LO 1/2015, of 30 March, has meant a novel punitive intervention in this area. However, Spain has not been a pioneer in criminally punishing this type of behaviours, since many conducts in this area were already criminalised in other countries in our environment. Therefore, this paper aims to analyses the existing criminal regulations on the illegal funding of political parties in Italy, Germany and the United Kingdom in order to determine exactly what types of behaviour are linked to this phenomenology in those countries. In this way, lege ferenda proposals are made in this area with a view to the legislator incorporating new and much-needed criminal behaviours in our country in the future. [ABSTRACT FROM AUTHOR]

The development of ICTs has led to the emergence of new forms of interrelation between citizens in cyberspace, where digital identity comes to the fore and becomes the basic assumption of interpersonal relationships, precisely enabling their existence. The virtual self from which people exercise increasingly diverse planes of their lives. In this paper, it is analyzed the criminal legal framework of behaviors harmful to digital identity and, given the lack of protection observed, a criminal response is offered that provides a proportionate protection to those attacks in light of the limiting principles of ius puniendi. [ABSTRACT FROM AUTHOR]

This paper deals with the study of the crime of prostitution of adults (art. 187 Penal Code), which was modified by Organic Law 1/2015, of March 30. To that end, doctrinal and jurisprudential interpretation is studied. From the analysis of this figure, it can be deduced that the main difficulties presented by its application are the legal insecurity caused by the behavior of profiting by exploiting the prostitution of others and the problems manifested by the aggravating circumstance of belonging to a criminal organization or group. Precisely the Draft Organic Law for the Comprehensive Guarantee of Sexual Freedom of July 26, 2021 proposes a new wording of the crime of prostitution, which modifies the penalty and the concept of the conduct of profiting from exploiting the prostitution of others and creating an aggravated type. Likewise, such legal reform expands the content of the aggravating circumstance of belonging to a criminal organization and group, assigning a greater penalty in the case of bosses, administrators or managers. Notwithstanding, It is considered that these changes worsen the typification of the crime of prostitution, so an alternative proposal is presented. [ABSTRACT FROM AUTHOR]

This article deals with the peculiar defensive role of the Constitution assigned by Carl Schmitt to the ordinary courts of the Weimar Republic. To this end, we analyse a work published in 1929 by the German author which has received little attention from specialists: ‘Das Reichsgericht als Hüter der Verfassung (The Reichsgericht as guardian of the Constitution)’. The detailed and systematic interpretation of this contribution offers a novel perspective of Schmitt’s reflection on the various institutional mechanisms available to protect the basic arrangement of a society. This approach entails an emancipation from the most common prejudices in relation to the jurist’s critique of liberalism. In particular, this paper argues that Carl Schmitt never objected to a narrow judicial review exclusively functional to the interests of the Weimarian bourgeoisie. To conclude, we note the implications of what was has been said for the doctrine of institutional guarantees developed by the author in the final years of the German republic and, in general terms, for his institutionalist theory of law. [ABSTRACT FROM AUTHOR]

It is possible to argue that the ultimate aim of civic republicanism is to implement the ideal of freedom as non-domination. Threats to freedom thus understood do not only come from the public powers, but also from certain private spheres, including, to a large extent, the world of work, where employees are often subject to the arbitrary decisions of their employers. Thus, from this doctrine some proposals have been formulated aimed at eliminating –or, at least, mitigating– domination in this area, which will be reported in this paper. [ABSTRACT FROM AUTHOR]

This paper aims to bring the reader closer to the issue of the loss of opportunity doctrine in its application to the fi eld of late diagnosis. Despite its growing popularity, due to the specialty of the subject, it is a great unknown to most legal operators. As a result, they are often in doubt as to whether any delay constitutes malpractice, as to what requirements are necessary to apply this doctrine or what steps should be taken to quantify the compensation to which the victim of the damage is entitled to. All these questions are dealt with at this paper from a practical point of view and connected to the reality of our courts, because this approach is essential to deal with such a highly casuistic matter as this one. [ABSTRACT FROM AUTHOR]

This paper analyzes the regulation of the single sex education model in our legal system. The LOE and the LOMCE have regulated differently the single sex education. The LOE expressly prohibited discrimination based on sex in schools financed with public funds; whereas the LOMCE allows single sex education in the framework of the Convention against Discrimination in Education adopted by UNESCO in 1960. The legislative change has had a special impact on the jurisprudence of the Supreme Court, which has been modified accordingly to the legislative changes. Finally, this paper studies the recent doctrine of the Constitutional Court about the constitutionality of the single sex education model, as well as the possibility of financing this educational option with public resources. [ABSTRACT FROM AUTHOR]

This paper analyzes the new crime of abandonment of the accident site, which was incorporated into the Criminal Code by Organic Law 2/2019, of March 1. This paper studies the opportunity of its incorporation into the Criminal Code, driven by a popular legislative initiative that resulted from the death of a cyclist hit by a truck that fled. The analysis of art. 382 bis CP, located among the crimes against road safety, shows that this new provision does not protect a legal good that respects the principle of minimum intervention. In addition to its confusing wording, the precept violates the principle of proportionality, since the penalties assigned to this new behavior are excessively high. Therefore, it is requested that this provision be repealed. [ABSTRACT FROM AUTHOR]

This paper seeks to analyze the Law 21.100 that prohibits the delivery of plastic shopping bags throughout the national territory and the Law 20.920 that establishes a framework for waste management and extended producer´s responsibility that aims to encourage recycle in Chile. [ABSTRACT FROM AUTHOR]

Tikis paper studies the proposal of the European Union for the creation of a new instrument for cross-border access to electronic evidence in criminal matters. With this, it is intended to face the current and relevant challenges in the fight against cybercrime and international terrorism, establishing a new model of direct cooperation with telecommunications service providers in the European Area of Freedom, Security and Justice. The new European Orders for the production and preservation of electronic evidence introduce a new conception or reinterpretation of the principle of mutual recognition, which requires a high level of mutual trust. For this, respect for the principle of proportionality is a priority and that the necessary safeguards are created for the protection of fundamental rights and procedural guarantees. [ABSTRACT FROM AUTHOR]

Corruption as a globalized phenomenon has spread in a worrying manner in recent decades. This has made it one of the greatest challenges faced by contemporary societies and has led to a broad international consensus on the need to combat it. This paper aims to summarize the most relevant milestones in the fight against corruption at the global level. In order to do so, its complex definition and possible causes and effects will be explained, and after that, the most important international instruments on the subject will be analysed by examining both international initiatives of a global nature and those of a regional nature; fundamentally those developed within the European framework. Additionally, some initiatives undertaken by non-governmental organizations will also be reviewed. Finally, those initiatives that seek to tackle the increasingly problematic corruption in the private sector will be outlined. [ABSTRACT FROM AUTHOR]

This paper reflects on the consequences of the introduction of neuromarkers in structured risk assessment tools in cases of subjects with personality disorders like psychopathies. Taking into account that neuroimaging studies reveal these subjects present alterations in brain areas in charge of controlling the action, there is a risk that, in line with the expansive current of criminal law of dangerousness, and in attention in the absence of agreement on effective treatment in these cases, the life imprisonment of these people is legitimized. [ABSTRACT FROM AUTHOR]

This paper, after an approach to the social drama and legal problem of the occupation of empty houses in Spain, addresses the dogmatic analysis the crime of peaceful occupation of real estate of article 245.2 CP, paying special attention to the most controversial questions of the type, to respond, thus, to some of the interpretative and applicational problems this outlines. Finally, it studies the legal and criminal treatment given to organized groups that mediate in occupations for profit, and the possible viability of a precautionary system of eviction prior to the conviction for the summary offence of usurpation. [ABSTRACT FROM AUTHOR]