Originating in the Latin word directum, he right refers to justice postulates that make up the normative order of a society . Based on social relationships, the law is the set of rules that help resolve conflicts arising from human behavior.
He criminal law It is the branch of law that establishes and regulates the punishment of crimes or crimes, through the imposition of certain penalties (such as imprisonment in prison, for example).
It is possible to distinguish between objective criminal law (ius poenale), which refers to the criminal legal norms themselves, and subjective criminal law (ius puniendi), which contemplates the application of a sanction to those who update the hypotheses provided by the objective criminal law.
We know that the law is responsible for regulating the activities of mens that live in society and that maintain relations with the rest of the men. In this way, the law seeks to protect the social peace with norms that are imposed by the authority, who, in turn, has a monopoly on the use of force.
The main objective of criminal law is promote respect for legal assets (all vital good of the community or of the individual). For this, it prohibits behaviors that are aimed at injuring or endangering a legal good. What criminal law cannot do is prevent certain effects from happening.
He State It has two tools to react to crime: security measures (who seek prevention) and penalties (which suppose the punishment). The penalty, therefore, implies a restriction on the rights of the responsible.
Criminal Law Organization
As has happened in most aspects of social organization, in order for criminal law to become what we know today it was necessary that there be a fairly slow process, through which different methodologies and ideas were tested and he went looking for the way in which he would finally be constituted. In this process several stages can be pointed out, which are:
* Primitive stage: In this period there were no clear laws, but a series of prohibitions derived from firm religious beliefs who imposed harsh punishments on anyone who dared to violate them, these mandates were called taboo.
There was another term that was revenge, which allowed those who suffered any damage from another group, will take justice by their hand punishing their aggressors with a greater evil than received. There were no limits, it was the victims who put them. The successive execution of revenges between individuals from different sides was what led repeatedly to war between them.
* Stage of the Talion Law: In this period a limit was created to the aforementioned revenges which was set by the Tables of the Law of Moses; where it is expressed that the penalty must be equal in magnitude to the damage suffered.
* Emergence of political justice: With the birth of Roman Criminal Law, justice began to make sense. From this way the differentiation between public and private crimes; the first were those that affected public order and the second were personal between two individuals or families. In each case, a different type of punishment was chosen, still based on the law of the talion, that is, the punishment was imposed based on the damage caused by the individual.
From this moment, the justice as we know it today; First, the steps to be followed before a criminal proceeding (accusation, contribution of evidence and sentence) were established and later the difference between malicious and guilty crime, developing different theories and doctrines that allowed the correct execution of the sentences.
Today, according to the contributions made by the various cultures that have been concerned with establishing a code to condemn the accused, we have a solid criminal law that theoretically protects those who are innocent and collaborates with the establishment of justice in all its orders; Although, unfortunately, this requirement is not met in all cases.
