Competencias del Estado y de las Comunidades Autónomas sobre la legislación penal y penitenciaria

Abstract

Abstract: Article 149.1.6) of the Constitution stipulates that the State has exclusive jurisdiction on the criminal and prisons law. And, although doctrinally it is allowed that the Autonomous Communities hold certain powers in this area, to date none has taken as its own power the implementation of the state criminal system. However, in an indirect way, it has been raised the possibility that the autonomous rules could integrate the factual matter of certain offenses types, thereby generating, in fact, offenses of variable content (depending on the rules of each autonomy territory where they could be applied), which would break the national uniformity of the criminal law or, from another point of view, the exclusivity of the state powers for the development of the criminal law. Keywords: Legislative powers. Autonomous Communities. Criminal law. Prison law. Blank criminal laws