Criminal types and criminal fragmentation in Modern Spain

  • Enrique Álvarez Cora Catedrático acreditado de Historia del Derecho Universidad de Murcia
Keywords: Crime, punishment, legal description, modified circumstances of the criminal responsibility, Modern Age.

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.

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Published
2014-05-22
How to Cite
Álvarez Cora E. (2014). Criminal types and criminal fragmentation in Modern Spain. Cuadernos de Historia del Derecho, 20, 207-233. https://doi.org/10.5209/rev_CUHD.2013.v20.45333
Section
Articles