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ISSN 2611-8858

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The Hunt for Evidentiary Standard: Unauthorized Biography of the General Theory of Crime

Linking substantive criminal law and procedural notions offers an interesting, and yet mostly unexplored, point of view. It can be argued that the idea according to which criminal procedure is a mere tool to enforce substantive criminal law must be revisited. There are good reasons to claim that the evolution of the general theory of crime has been driven, relevantly or exclusively, by the need to facilitate the reach of a certain evidentiary standard in practice. The subsequent changes of criminal law notions like dolus, offender, limits in the omission, causation crisis and development of objective imputation, as well as other concepts, produced the (unlikely casual) consequence a facilitation in the trial fact finding. If the above is correct, then an interesting debate on the ethical foundation of such evolution can be started.

The Protection of Sexual Freedom in Spain After the Reform Carried Out by Organic Law 10/2022

Remarks on Spanish Organic Law no. 10/2022 For a Global Protection of Sexual Freedom

The Instrumentalization of the Rule of Law. Legislation and Policy Making in Times of Crisis

Academic workshop, Max Planck Institute, September 13, 2022

"Euro-Criminalists". Education, Research and Teaching in Criminal Law in the EU

Bertinoro University Residential Center, 9-10 September 2022

Criminalizing Sex: A Unified Liberal Theory

Book Review. Stuart P. Green. Criminalizing Sex: A Unified Liberal Theory, Oxford University Press, New York, 2020, 400 p.

The Harm Principle in the New Chilean Constitution

The article aims to evaluate an eventual express regulation of the harm principle in the future Chilean Constitution. The article starts by examining the background, meaning and regulation of this principle. Then, it addresses its relationship with other principles that limit the ius puniendi, as well as the importance of its regulation as an autonomous principle. Likewise, the text refers to the harm principle as the basis of an adequate legislative technique in criminal matters. The article concludes that an explicit regulation of this principle in the new Chilean Constitution, through an immediate and clear formulation, would be a great step forward, among other things due to its character of limiting the action of both the legislator and the judge in the punitive field.

The International Research Project “Derecho penal y comportamiento humano”

A project of Universidad de Castilla-La Mancha, Toledo