Contents
Abbreviations 13
Foreword 15
Part One
GENERAL ASPECTS AND PENAL PRINCIPLES OF CRIMINAL LAW
Chapter 1. Concept of Criminal Law 19
1. Introduction to substantive Criminal Law: mention of the last reforms of the Spanish Penal Code 19
2. Definition and nature of Criminal Law 22
3. Linkages with other branches of Law 24
4. Ius puniendi and legal principles 26
Chapter 2. The Legality Principle 29
1. Concept and content 29
2. Legal, and extra-legal, sources of Criminal Law 35
3. The interpretation and prohibition of analogy 40
4. Criminal norms and their temporal limits - special reference to ex post facto laws 43
Chapter 3. Proportionality principle and the Harm principle 47
1. The need for an offence: principle of proporcionality (in the wide sense) 47
2. The harm principle and the legally protected interest 50
3. Differences between crimes of harm and crimes of danger 53
Chapter 4. Ne bis in idem 55
1. Substantive and procedural aspects of the principle 55
2. Rules to solve an apparent joining of criminal norms 56
Chapter 5. The Principle of presumption of innocence 59
1. Introduction 59
2. The essential meaning of the fundamental right 61
Part Two
BASIC INSTITUTIONS OF CRIMINAL LAW
THE CRIME AS AN ACTION
Chapter 6. Concept of crime 67
1. Doctrinal Definitions 67
2. Legal notion of crime 68
3. Classification of crimes 70
Chapter 7. Requirement of a human action 75
1. Principle of the need for an action 75
2. Different concepts of action 76
3. The meaningful conception of action 79
Chapter 8. Types of conduct 81
1. Action and omission 81
2. Pure omission 83
3. Comission by omission 84
Chapter 9. Action, causation and attribution 87
1. Action and causation 87
2. Action and attribution. Brief mention of the modern theory of objective imputation 89
3. Conclusions 91
Chapter 10. The Definition of Crime 93
1. Definition and its terms 93
2. The principle of certainty or requirement of legislative specificity 95
3. The concept of defined action: elements 96
4. Normative agent: classification - those wronged by crime 97
5. Absence of defined action 99
Chapter 11. The wrongdoing 103
1. Ways of attributing a criminal wrongdoing 103
2. Intention: concept, content and classes 105
3. Negligence: content and classes 109
4. Absence of wrongdoing: accident and mistake in elements of the definition 112
Chapter 12. Exclusion of wrongdoing (I) 115
1. Rationale for the exclusion of the wrong 115
2. Strong permission (grounds for justification) 116
3. Legitimate use of a right, profession or post, and fulfilment of a duty 118
4. Consent 121
Chapter 13. Exclusion of wrongdoing (II) 123
1. Self-defence: concept 123
2. Requirements 124
3. Necessity as strong permission: concept 126
4. Requirements 127
Chapter 14. Exclusion of wrongdoing (III) 131
1. Weak permissions (excuses): basis 131
2. Necessity as a weak permission 132
3. nsurmountable fear 133
Part Three
PERPETRATION OF THE CRIME
Chapter 15. Iter criminis 137
1. Principle of perpetration and preparatory offences 137
2. Attempt 142
3. Consummation 144
Chapter 16. Offenders: perpetrator and accomplice 145
1. Contours of the conceptual problem of defining perpetrator 145
2. The perpetrator in the Spanish Penal Code 149
3. Participation (Complicity) 150
4. Mention to mass media criminal liability and to the corporate criminal libility 152
Part Four
CRIME AS BLAMEWORTHINESS
Chapter 17. Culpability (I) 159
1. The principle of Culpability 159
2. The Guilt: brief historical notes, foundation and content 160
Chapter 18. Culpability (II): the capacity for culpability (accountability) 163
1. Concept and nature of accountability 163
2. Cases of non-accountability: infancy, insanity and intoxication 164
3. The moment of accountability: Actiones liberae in causae 168
Chapter 19. Culpability (III): knowledge of wrongfulness and mistake about prohibition 171
1. Knowledge of wrongfulness: concept 171
2. Mistake about the wrongdoing: concept and status 172
Bibliography 175
Focused on the principles of Criminal Law and a general approach to the theory of crime, this book facilitates to provide an introduction to the main institutions of Spanish Criminal Law. Comparisons are made in particular aspects, with similar ones of the Common Law system. This book however does not attempt to present an encyclopedic overview of the substantive Criminal law, as its key purpose is to present a comprehensive analysis of main penal principles of the so-called general part, encompassing a selection of the essential institutions of the traditional theory of crime such as action, omission, causation, wrongdoing, defences/permissions, excuses, principals and accomplices or iter criminis. The idea of this book emerged from a modern deeper approach to the substantive Criminal Law in Spain, which is the Òmeaningful conception of action,Ó to enhance a deeper understanding of particular institutions. All Spanish-language institutions have been translated into English, due to the fact that this book is, also, about a comparative analysis of some institutions. In this respect, readers are exposed to approaches to familiar problems in both Civil and Common Law jurisdictions, detailing critical opinion about doctrines and theories of substantive Criminal Law.
