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Derecho penal. Parte general: Fundamentos y teoría de la imputación

About: The article was published on 1995-01-01 and is currently open access. It has received 74 citations till now.
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01 Jan 2014
TL;DR: In this article, the authors investigate what reading penological interest that the doctrine provides us about each of these levels of interpretation tort, since, if we make the material-crime concept gives us what is the peculiarity of the crime, that is, because it indicates what criteria should be expiated certain behaviors as crimes.
Abstract: The knowledge of the criminal phenomenon, necessarily, refers to the treatment of crime or crime or criminal offender and delinquency and crime. They are investigating what reading penological interest that the doctrine provides us about each of these levels of interpretation tort. So, the meaning, at least apparently, may look different to the criminal legal system, since, if we make the material-crime concept gives us what is the peculiarity of the crime, that is, because it indicates what criteria should be expiated certain behaviors as crimes.
Journal ArticleDOI
TL;DR: In this paper, a model of succession of scientific revolutions is proposed, where the accumulation of anomalies will lead to a scientific revolution in the discipline that will end with the substitution of the paradigm for another more in line with the new reality.
Abstract: The construction of the scientific nature of criminal law has been strongly marked by the advances made in the field of experimental sciences. The current scientific paradigm has determined its own development and its need to adapt, with more or less effort, to the parameters prevailing in other areas of knowledge. The analysis of this conditioned evolution is proposed, in a novel way, by importing the model of succession of scientific revolutions proposed by the philosopher Thomas Kuhn, where the accumulation of anomalies will lead to a scientific revolution in the discipline that will end with the substitution of the paradigm for another more in line with the new reality. In the current situation, however, it is worth asking whether the deep social transformations that are taking place can find an answer in the current para­digm or, on the contrary, it is necessary to adopt more appropriate solutions.
01 Jan 2014
TL;DR: In this article, the authors present a critical analysis of criminal reforms set out by the neo-puniti-vism theory of politics for electioneering purposes, and propose alternative measures to imprisonment and a court decision to declare unconstitutional the minimum legal time stated by the law for a crime.
Abstract: is article is a critical analysis of in�耀ationary criminal reforms set out by the neo-puniti- vism theory of politics for electioneering purposes. �怀is theory has been irresponsibly disseminated by the media and tries to use criminal law as a political weapon of social control in every human relation and concept by increasing �耀exibility on the fundamental principles of fragmentary and subsidiary nature and ultima ratio. Additionally, as an interesting contraposition with the repressive reality described, we propose two new excep- tions: alternative measures to imprisonment (new Argentinian Penal Code draft bill) and a court decision to declare unconstitutional the minimum legal time stated by the law for a crime due to the triviality in the encum- brance of the legally protected right. es en
01 Jan 2016
TL;DR: There is a need to study the conditioning factors for private medical home care and for maintaining this type of care until the end of life, particularly with respect to sedation, hydration and feeding.
Abstract: a b s t r a c t Palliative care for end-of-life patients in Bogota is still in the process of consolidation. This type of care demands high technical and scientific standards, in addition to supporting the patient and family in making end-of-life ethical decisions, particularly with respect to sedation, hydration and feeding. Methodology: Statistical descriptive analysis of a cohort comprised of 164 terminally ill patients treated in private practice in Bogota between 2008 and 2012. Results: Out of the 90 patients who received care until their demise, the average age was 77 years old, including 63% women, 30%, university students, 41% widowers, and 84% Catholics. 8 patients had no medical insurance. 52% of the patients were cancer patients, 91% received home care, the average number of care days was 45 and the usual route of administration of medicines was subcutaneous. The most commonly used drugs were tramadol, ranitidine and midazolam. 73% of the patients required superficial sedation. In some cases, feeding and hydration were administered through alternate routes and in others were discontinued. Analysis: There is a need to study the conditioning factors for private medical home care and for maintaining this type of care until the end of life. Characterizing this population enables the identification of some useful information for the administration of end-of-life care in the country.
Journal ArticleDOI
15 Jul 2019
TL;DR: In this sense, the state of necessity in public law allows us to present an acceptable explanation of the constitutional authorization for a state of exception, with the purpose of rescuing political institutionalism as the framework of a democracy in freedom as discussed by the authors.
Abstract: espanolEste ensayo presenta, para la consideracion del lector, algunas razones que justifican la validez legal del ejercicio de los poderes presidenciales de manera interina, mientras avanza algunos criterios de delimitacion en el ejercicio de dichos poderes. En este sentido, el estado de necesidad en Derecho Publico nos permite presentar una explicacion aceptable de la autorizacion constitucional para un estado de excepcion, con el proposito de rescatar el institucionalismo politico como marco de una democracia en libertad. EnglishThis essay intends to submit for the reader’s consideration some reasons that justify the legal validity of the exercise of presidential powers on an interim basis, while advancing some delimitation criteria in the exercise of said powers. In this sense, the state of necessity in Public Law allows us to present an acceptable explanation of the constitutional authorization for a state of exception, with the purpose of rescuing political institutionalism as the framework of a democracy in freedom.