Boletín mexicano de derecho comparado
versión impresa ISSN 0041-8633
GARCIA RAMIREZ, Sergio. Crimen y prisión en el nuevo milenio. Bol. Mex. Der. Comp. [online]. 2004, vol.37, n.110, pp. 547-595. ISSN 0041-8633.
In this article, the author examines fundamental aspects of the criminal system and the points of tension that exist between the latter and human rights. His study also seeks to give orientation to the evolution of criminal and penitentiary law in the coming years. In the first place, the author refers to the concept of crime and to the principle of legality in criminal matters. In second place, he examines the concept of criminal and the debate between criminal law as law of act or as law of author. In third place, the study analyzes the concept of criminal punishment and its possible social functions. Finally, the author develops a reflection on criminal procedure, as a method that articulates the crime, on one extreme, and the punishment, on the other extreme, both directed towards the criminal. In his conclusion, the author argues in favor of the construction of a democratic criminal system.
Palabras llave : crime; criminal; punishment; criminal procedure; penitentiary system.