UNIVERSIDAD PRIVADA SAN JUAN BAUTISTA
FACULTAD DE DERECHO
CRIMINAL LAW
FULL NAMES:
AQUIJE JOTA, SERGIO ALEJANDRO
GARCÍA GRIMALDO, LUANA FERNANDA
PEREZ CONTRERAS, LUISA FERNANDA
HERRERA GUILLEN, ANDRES
TEACHER: ELIA IVONNE MAYORGA DE ORE
SUBJECT: DERECHO
CYCLE: V
05/12/2024
INDEX
GRATITUDE ................................................................................................................... 3
INTRODUCTION ............................................................................................................ 4
CHAPTER I ...................................................................................................................... 5
CONCLUSION: ............................................................................................................... 7
RECOMMENDATIONS .................................................................................................. 7
LITERATURE:................................................................................................................. 9
GRATITUDE
First of all, to god for having allowed me to reach this point and having given me health,
being the spring of life and giving me what i need to continue moving forward day by day to
achieve my goals, in addition to his infinite kindness and love. to our mothers for having
supported us at all times, for their advice, their values, for the constant motivation that has
allowed us to be good persons, but most of all, for their love. to our fathers for the examples
of perseverance and constancy that characterize them and that they have always infused in
us, for the courage shown to get ahead and for their love.
INTRODUCTION
Criminal law is understood as the branch of law that is responsible for regulating and
conceiving the punitive capacities, that is, punishment, that the State reserves for those who
violate the norms of coexistence or conduct, always based on a principle of proportionality
and impartiality.
Criminal law includes the creation and study of criminal laws, those that contemplate
precisely what is and what is not a crime, as well as the accompaniment and guidance of
judicial decisions on the matter. But not only that, but also the mechanisms with which
society protects itself and the philosophy that exists behind punishment and/or confinement.
This legal branch belongs to positive law, that is, to that contemplated in ordinances, codes
and laws written and ascribed by people. Criminal matters have to do with the decision to
remove an individual from the rest of society for a time, considering him dangerous or
incapable of adjusting to the rules, or to provide him with a rehabilitation framework for doing
so.
The only possible source of criminal law is the law itself, contemplated in the criminal codes
and criminal laws in force, since neither custom nor nature define what is punishable or not,
only the laws of human beings.
Criminal law is as old as life in society, although it initially existed in tribal revenge laws such
as the Law of Talion.Thanks to Roman Law, it emerged in Europe as a legal institution,
although it was later replaced by the inquisitorial will of the Catholic Church, and re-emerged
in the Modern Age with the laws of the Republic.
THEME BOBY
CHAPTER I
Basic Concepts of Criminal Law
This chapter will define Criminal Law as the branch of law that regulates human behavior by
determining crimes and their corresponding penalties. The main objectives of Criminal Law
will be discussed, including the protection of essential legal goods (such as life, liberty, and
property), crime prevention, and retribution against those who violate the law. Additionally,
the functions of Criminal Law will be analyzed, such as social protection, deterrence of
criminal behavior, and the rehabilitation of offenders.
Chapter 2: Sources of Criminal Law
This chapter will examine the various sources that shape Criminal Law. It will start with the
Constitution, which establishes the fundamental principles and rights that guide this branch
of law. Then, specific criminal laws, such as the Penal Code, will be addressed, defining
criminal behaviors and their penalties. International treaties, such as the American
Convention on Human Rights, which can influence criminal legislation, will also be explored.
Furthermore, the chapter will discuss jurisprudence and how judicial decisions, especially
from the Supreme Court, contribute to the interpretation and application of Criminal Law.
Finally, the penal doctrine will be reviewed, focusing on how academic studies and jurists'
opinions impact the practice of Criminal Law.
Chapter 3: Fundamental Principles of Criminal Law
This chapter will detail the principles that govern Criminal Law. It will explain the principle of
legality (nullum crimen, nulla poena sine lege), which establishes that there can be no crime
or penalty without prior law. The principle of culpability, which holds that only those who are
guilty can be punished, will also be addressed. Additionally, the principle of minimum
intervention will be discussed, suggesting that Criminal Law should be a last resort and
intervene only when necessary. The principle of proportionality, requiring that penalties be
proportional to the seriousness of the crime, and the principle of humanity, which stipulates
that penalties must be just and not cruel, will also be analyzed.
Chapter 4: Elements of the Crime
This chapter will delve into the elements that constitute a crime. It will address typicality,
which refers to the adequacy of behavior to the legal description of a crime. The elements
that make up the criminal type will be discussed, including typical conduct, legal object, and
typical result. Next, antijuridicity will be explained, implying that the conduct performed is
prohibited by the legal order, and exceptions that may exclude antijuridicity, such as self-
defense and necessity, will be explored. Finally, culpability will be discussed, which involves
the personal reproach of the author for their criminal behavior, as well as forms of culpability
(intent and negligence) and their imputability.
Chapter 5: Classification of Crimes
In this chapter, crimes will be classified according to different criteria. The classification by
severity will be discussed, differentiating between serious, less serious, and minor offenses.
The distinction between intentional (dolus) and negligent (culpa) crimes will also be
explored. Additionally, the classification by nature will be reviewed, including common
crimes (such as theft) and special crimes (such as political offenses). Crimes against
persons (homicide, injuries), crimes against property (theft, fraud), and crimes against the
state (treason, sedition) will be included.
Chapter 6: Criminal Procedure
This chapter will explain the different stages of criminal procedure, starting from the initial
investigation and evidence collection, followed by the trial and sentencing. The fundamental
rights of the accused will be discussed, such as the right to a fair trial and the presumption
of innocence, as well as the rights of victims. Procedural guarantees, such as the right to
defense and due process, which are essential to ensure justice in the criminal system, will
also be addressed.
Chapter 7: Sanctions and Security Measures
Here, the types of sanctions that can be imposed on offenders will be detailed, including
deprivation of liberty, fines, and accessory penalties (such as disqualification). The purposes
of penalties, which go beyond mere retribution and aim for the re-education and social
reintegration of offenders, will be discussed. Additionally, security measures will be
addressed, which are applied to individuals who, for reasons of mental health or other
considerations, cannot be treated in the same manner as common offenders.
Chapter 8: Comparative Criminal Law
This chapter will compare the criminal systems of different countries, analyzing how legal
traditions (such as common law and civil law) affect the application of Criminal Law.
Examples of criminal reforms in various contexts will be discussed, as well as the common
challenges faced by criminal systems today, such as organized crime and corruption.
Chapter 9: Current Challenges in Criminal Law
This chapter will address contemporary issues facing Criminal Law, including the influence
of technology on crime (cybercrime), prison overcrowding, and criticisms of the criminal
justice system. Necessary reforms to tackle these issues and emerging trends in Criminal
Law, such as the use of restorative justice and rehabilitation-focused approaches, will be
discussed.
CONCLUSION:
Criminal Law is a fundamental branch of the legal system, whose main objective is to
regulate criminal conduct, establish the corresponding sanctions and guarantee justice in
the application of the law. This right protects both society and individuals, seeking a balance
between the protection of legal rights and the fundamental rights of people. Its function is
both preventive and punitive, being key to maintaining public order and legal security.
Criminal Law not only punishes those who commit crimes, but also seeks the rehabilitation
of offenders, integrating social reintegration mechanisms. It is a discipline that must be
constantly evolving to adapt to social, technological and cultural changes, so that it does not
lose its effectiveness and relevance.
RECOMMENDATIONS
• Legal reforms and continuous updating: It is crucial that Criminal Law remains
constantly updated, adapting to the new challenges that arise due to technological
advances, globalization and new forms of crime, such as computer crimes,
organized crime, and terrorism.
• Guarantee the protection of human rights: The application of criminal law must be
rigorously monitored to prevent abuses and to always respect the fundamental rights
of the accused, such as the right to a fair trial, the presumption of innocence, and the
prohibition of torture or cruel, inhuman or degrading treatment.
• Strengthening education and prevention: Criminal Law should not only focus on the
repression of crimes, but also on education and prevention. It is essential that
educational systems foster a culture of legality, promoting respect for the law and
the peaceful resolution of conflicts.
• Greater focus on rehabilitation: It is recommended to implement a penal system more
oriented towards the rehabilitation and reintegration of offenders into society.
Punishment should not only be seen as a punishment measure, but also as an
opportunity for the offender to reintegrate productively.
ANNEXES
Conversation:
Conversation about Criminal Law
Luana: Hey, do you guys know what Criminal Law is? I’m trying to understand it better.
Sergio: Sure, Anna. Criminal Law is the branch of law that regulates human behavior by
defining what actions are crimes and what punishments apply. It also aims to protect
essential goods like life, liberty, and property, prevent crimes, and punish offenders.
Fernanda: It has important functions too, like protecting society, deterring criminal behavior,
and rehabilitating offenders. But did you know it’s based on several sources?
Luana: Sources? Like what?
Fernanda: Mainly the Constitution, which establishes fundamental principles, and the Penal
Code, which defines crimes and penalties. International treaties, judicial decisions like
Supreme Court rulings, and studies by legal scholars also play a role.
Sergio: And don’t forget the key principles, like legality, which ensures no one can be
punished without a prior law, and proportionality, so that penalties match the severity of the
crime.
Luana: Wow, it’s more complex than I thought, but it makes sense. Thanks for explaining it!
LITERATURE:
• Garzón, Baltasar (2004). Criminal Law: General Part. Reus Editorial. This book
offers an overview of the fundamental principles of Criminal Law, addressing issues
of criminal responsibility, guilt and punishment.
• Zaffaroni, Eugenio Raúl (2012). Criminal law. General Part. Editorial Ediar. It is a
reference text in the field of Latin American Criminal Law that delves into the
theoretical and practical aspects of this discipline.
• Cavallo, Omar (2015). Criminal Law: General Theory of Crime. Astrea Editorial.
Provides a detailed analysis of the principles governing Criminal Law, particularly in
relation to criminal conduct.
• Brenner, Andrés (2000). Criminal Law and Criminology. Legal Editorial. This book
analyzes the impact of criminology on Criminal Law, providing tools to approach the
study of crimes from a multidisciplinary approach.
• López, José (2017). Criminal Law and Human Rights. Tirant lo Blanch Editorial. This
text reflects on how Criminal Law must always be in line with human rights principles.
• Penal Code and Jurisprudence (2023). Annotated edition. Legal Editorial. This
compendium offers an updated compilation of the Penal Code and the main court
rulings that influence its interpretation and application.
