The Enemy Criminal Law: Novel Trends and legitimate?

CONTENTS: I. Introduction .- II. About the Enemy Criminal Law .- III. Contrary to the Criminal Law Liberal .- IV. Liberal Enemy Criminal Law .- V. Who do you consider as an enemy? .- VI. There is a new trend .- VII. It is illegitimate and dangerous .- VIII. Represents the involution .- IX. Influence on Peruvian penal regulations .- X. Conclusions .- XI. Suggestions. XII. Bibliography.

I. INTRODUCTION .-

Ordinary criminal law has experienced ups and downs regarding their development, adopted in turn by history, nuances and influences, mostly of stiffer penalties.

In this paper we discuss about the trend of the Enemy Criminal Law and its influence on Peruvian penal system.

II. THE ENEMY ON CRIMINAL LAW .-

The Criminal Law of the Enemy or illiberal Günter Jakobs owes its origin (mid eighties) the result of the merger of Symbolic Criminal Law (speed the enactment of legislation in criminal policy) and punitive (intimidation by the increased penalty).

On the other hand, we have that is oriented to the author and not the fact, which is extreme, abusive, unlawful and totally lacking in security, because if you consider the enemy as "non-person?, Therefore unfortunately unlocks the broad range of possibilities and vexatious that violate human rights (where all kinds of repression is justified by the "defense of public safety?) to have as basic arguments of existence, the broad advancement of the criminality (the penalty is directed to insurance against future events, not the punishment of crimes committed), exacerbation of the penalty, the almost unlimited criminal protection of the global legal rights, and the reduction and / or deletion of certain guarantees and procedural principles, to say the least .

III. LIBERAL breach of criminal law .-

It's a different trend or rather opposed to the ordinary criminal law, guarantors, Liberal, the person or citizen, as a citizen does not consider the offender as such, but non-citizen as an enemy, that is, not entitled to the category of person . Consequently it does not give the person who commits a crime or wrong the opportunity to amend and repair the damage caused.

IV. ENEMY OF LIBERAL CRIMINAL LAW .-

This trend assumes that criminals do not respect the criminal law and therefore, they should be excluded from criminal law, therefore, not entitled to penalties based principles. In other words, as this trend has to fight the enemy but not with the rules of criminal law, but the rules of the state of nature. Vociferously claim that we consider wrong, as extremist.

V. Who do you consider as enemies? .-

The Enemy Criminal Law believes that the enemies are those who are or act against or outside of criminal law and social system, therefore, for our case, would become terrorists, drug dealers, rapists, kidnappers, and so on.

However, it is imperative to note that one must be very careful because this issue from consideration as "enemy? for this theory can be cleverly used (misrepresentation) for any legal purposes commendable. Consequently, some powerful states (U.S., for example) can use deliberately a "mistaken identity the concept of enemy? to justify the execution of military action (which mediate economic, political, etc.). against other States at a distinct disadvantage of power states.

VI. NOT A NEW TREND .-

Definitely, it should be noted that this trend is not new doctrine or new (for a change), because in 1985 the German professor Günther Jakobs who created and propelled it, ruling that it was necessary to their existence and implementation of a limited and ineffective actions the rule of law before the advent of globalization appalling crime against the company (United) contemporary, because it gives the offender (or enemy) Subject the disadvantaged category of law at the expense of so-called "citizens?. In short, Jakobs proposed (in defense of the apparent extinction of the rule of law) an alleged development or renovation of the legality away or opposed to any axiological conception, which we describe as troubling as well as dangerous slip undemocratic.

Consequently, the fact that we get almost two decades of delay, does not mean ipso facto, in a new trend and worse as a valid alternative, necessary and effective.

VII. IS illegitimate and dangerous .-

It is a dangerous trend because it justifies the denaturation of law and prioritization guarantees the safety of citizens.

Moreover, we note that, when introduced in a state becomes legal because its policy becomes positive in its criminal legislation. But by violating principles and guarantees of criminal law becomes illegitimate, as it begins to take effect opposite to the rule of law, which warrants constant vigilance in defense of the non-violation also of fundamental rights.

VIII. Involution REPRESENTS .-

This trend is presented as synonymous with the decline of criminal principles guarantees, general principles of law and fundamental human rights. In opposition declared criminal laws made / declared through the history of mankind.

We have to mention that the Peruvian government irresponsibly exacerbates their implementation (to make promises and requests for imminent introduction of life imprisonment or death penalty for rapists, kidnappers and terrorists, for example), unlike the current criminal doctrine Spanish (Manuel Cancio Meliá, Luis Gracia Martin, among others) which is more in line with the guidelines of the Minimum Criminal Law, typical of liberal states.

IX. INFLUENCE ON PERUVIAN criminal law .-

It's not news that gradually increases not only the number of crimes, ie, there is a latent, as unfortunate tendency on the one hand criminalize more behaviors wrong, and secondly, on penalizing existing with the wrong belief that it is the single best solution, and with the addition that is supposedly urgent or immediate and permanent.

X. CONCLUSIONS .-

- The Criminal Law of the Enemy is a trend that ignores the human and individual liberty, dignity, social and imperfect.

- It's nothing serious to opt for the easy or the thoughtlessness to increase the penalties (imprisonment or death penalty) on the pretext to "fix? or "eliminate? flajelos of the crime, subversion, and so on.

XI. ADVICE .-

- We believe that the criminal policy of a State should not be considered as a valid current application of criminal law doctrine of the Enemy.

- A Liberal State address or assume to know the great transformations of a society's own criminality, specifically economic-global (such as crime, replacing contemporary classical crime).

XII. BIBLIOGRAPHY .-

Abanto Vásquez, Manuel; Both Kai; Jackobsen, Gunter, among others. The Criminal Law of the Enemy. The Discourse of Exclusion. Editorial Edisofer. Madrid-Spain. 2006.

Cancio Meliá, Manuel. Criminal Law of the Enemy. Editorial Edisofer. Madrid-Spain. 2006.

Mazuelos Coello, Julio F. The Criminal Law of the Enemy. A model to disarm. In: Law and Society Review. Edited by law students at the Pontificia Universidad Catolica del Peru. Lima, Peru. 2006.

Polania Orts, Miguel. Criminal Law of the Enemy. Demystifying a concept. Law Books Publishing. Spain. 2004.