On the Unnecessary Reform of Theft Crimes. On the Ocassion of the 2012 Draft on a Penal Code Reform

Abstract

This piece of work analyses, from a critical point of view, the proposal of a reform of theft crimes contained in the Penal Code reform draft, presented in October 2012. It is a proposal which, besides turning an offence (theft) into a crime (robbery) includes some qualified crimes, many of them included in the 1973 Penal Code revised text. Following the criminal policy trend of the past years the deadline for prison penalty is particularly disproportionate if we bear in mind that such crimes are mainly committed by the most disadvantaged members of a society in despair about a serious economic crisis. It is also a particularly severe punitive system when compared to the one existent for the crimes committed by members of the most powerful groups in society. In short, as we will see throughout the development of this piece of work this is an ideological reform, as if going back to the times of dictatorial Penal Law.