¿Un derecho penal delicuescente en una sociedad líquida? Algunas reflexiones sobre el papel del derecho penal en la sociedad posindustrial

  1. Raquel Roso Cañadillas 1
  1. 1 Universidad de Alcalá
    info

    Universidad de Alcalá

    Alcalá de Henares, España

    ROR https://ror.org/04pmn0e78

Journal:
Revista General de Derecho Penal

ISSN: 1698-1189

Year of publication: 2024

Issue: 41

Type: Article

More publications in: Revista General de Derecho Penal

Abstract

Starting from a sociological and philosophical-legal framework, the first part of the paper attempts to question the role of criminal law in a liquid society and the transformations to which it is exposed when it submits to the needs of a society demanding security characterized by relocation, temporality, digitality, volatility, vertiginous regulatory changes subject to constant obsolescence and the exasperation of uncertainty and insecurity. In the second part of the paper we have tried to ground and contextualize this sociological and philosophical framework in the treatment of the question of the legitimacy of criminal law and the role that this branch of the legal system, characterized by an iron principle of legality with the aim of maintaining a stabilizing legal security, can play in the social universe described above, using three examples, chosen for their porosity and sensitivity to these social changes, The codification process, the position of guarantor as a transversal category in the theory of crime and fundamentally as an element of the type and a sector of economic criminal law such as criminal labor law, reaching the conclusion that the solidity of criminal law cannot be dispensed with in a liquid society, precisely because it offers certainties, a firm basis, which, on the other hand, is being abused, leading to an undesirable overcriminalization.