Criminal types and criminal fragmentation in Modern Spain
Abstract
This research analyzes the features of the criminal legal description in Criminal Law of Modern Age: its legality, its descriptive and fragmentary natures. In this sense it is considered the function that it obeys (in relation between criminal types and penal types) the internal legal order of ius propium (attending to the statute whatever the judicial discretion), and also the supplementary of ius commune. Again, in relation to the descriptive and fragmented legal description, the qualitas delicti it’s studied as a modified cause of the criminal obligation.Downloads
Article download
License
In order to support the global exchange of knowledge, the journal Cuadernos de Historia del Derecho is allowing unrestricted access to its content as from its publication in this electronic edition, and as such it is an open-access journal. The originals published in this journal are the property of the Complutense University of Madrid and any reproduction thereof in full or in part must cite the source. All content is distributed under a Creative Commons Attribution 4.0 use and distribution licence (CC BY 4.0). This circumstance must be expressly stated in these terms where necessary. You can view the summary and the complete legal text of the licence.