PENAL LAW IN LATIN AMERICA (FROM NATIONAL SEMINAR ON CRIMINOLOGY, 3RD - PROCEEDINGS, PANAMA, NOVEMBER 15-17, 1978 - SEE NCJ-61721)

• NCJ Number: 61725
• Author(s): J M RICO
• Date Published: 1978
• Length: 27 pages
• Corporate Author: Universidad de Panama
• Publication Format: Document
• Language: Spanish
• Country: Panama
• Note: PRESENTED NOVEMBER 17, 1978 THIS NUMBER AVAILABLE ON MICROFICHE UNDER NCJ-61721.

Annotation

THE EXISTING CRIMINAL CODES IN LATIN AMERICA ARE MOSTLY OBSOLETE AND SHOULD BE REFORMED TO REFLECT CURRENT POLITICAL AND SOCIETAL CHANGES.

Abstract

LAWS THEMSELVES REFLECT THE SOCIAL, ECONOMIC AND POLITICAL REALITIES OF THE COUNTRY WHICH FORMULATES THEM. IN LATIN AMERICA THE MAJORITY OF CRIMINAL CODES IN THE VARIOUS COUNTRIES WERE INSPIRED BY 19TH-CENTURY EUROPEAN MODELS. THEY ARE ALSO INSPIRED BY ABSTRACT PRINCIPLES OF MORALS AND JUSTICE AND DO NOT ALWAYS REFLECT THE CHANGING VALUES OF MODERN SOCIETIES, WHERE PRESSURES ARE BUILDING FOR THE DECRIMINALIZATION AND DEPENALIZATION OF SOME TYPES OF 'VICTIMLESS CRIMES' (HOMOSEXUALITY, PORNOGRAPHY, PROSTITUTION, SEXUAL RELATIONS WITH OR BETWEEN MINORS, GAMBLING, ABORTION, OR DRUGS). CRIMINAL CODES CANNOT BRING ABOUT AN IDEAL SOCIETY, BUT CONTRIBUTE TO THE PREMISES UPON WHICH THE IDEAL SOCIETY COULD BE BUILT. IN THE WESTERN WORLD CRIMINAL LAWS SHOULD REFLECT CERTAIN IDEALS OF HUMANITY, JUSTICE, AND FREEDOM, BY FORBIDDING BEHAVIOR DISRUPTIVE TO SOCIETY (ESPECIALLY CRIMES AGAINST PERSONS), MAKING PUNISHMENT COMMENSURATE WITH THE CRIME, AND ENSURING THE PROCESS AND EQUALITY BEFORE THE LAW TO EVERYONE. IN LATIN AMERICA TYRANICAL AND ILLEGAL REGIMES PERVERT THE LAW TO PROMOTE THEIR POWER AND THEIR ENDS, BUT MOST EXISTING LAWS ARE OBSOLETE AND IN NEED OF REFORM EVEN WITHOUT BEING WILFULLY ABUSED. IN 1963, A COMMISSION FOR THE FORMULATION OF A MODEL CRIMINAL CODE FOR LATIN AMERICA WAS ESTABLISHED, BUT THE DIVERSITY OF REGIMES IN LATIN AMERICA AND LATIN AMERICA NATIONALISM HINDER THE STANDARDIZATION OF CRIMINAL LAW CODES. THE CRIMINAL LAW REFORMS ADVOCATED BY THE COMMISSION REFLECT (1) CONCERN WITH DUE PROCESS AND EQUALITY BEFORE THE LAW, (2) PROPOSALS TO ELIMINATE SEMANTIC AMBIGUITIES WHICH LEAD TO LEGAL ABUSES, (3) THE NECESSITY OF PRESUMING INNOCENCE FOR DEFENDANTS, AND (4) PROTECTION OF MINORITIES. THE LAST OF THESE PROVISIONS IS ESPECIALLY RELEVANT IN LATIN AMERICAN COUNTRIES WITH LARGE INDIGENOUS POPULATIONS. --IN SPANISH. (LGR)