Abstract

DURAN-MIGLIARDI, MARIO. CRIMINAL CONSTITUTIONS AND THEORY OF PUNISHMENT: NOTES ON A NECESSARY RELATIONSHIP AND PROPOSAL FOR POSSIBLE CONTENT ON SPECIAL PREVENTION. Díkaion [online]. 2015, vol.24, n.2, pp.282-306. ISSN 0120-8942.  https://doi.org/10.5294/DIKA.2015.24.2.4.

The article suggests the existence of profound connections, in every democratic society, between so-called criminal constitutions and the necessary theoretical justification for criminal punishment. From this perspective and after examining the constitutional basis of democratic criminal law, the possible role that theories of special prevention and re-socialization thinking can play in this context are analyzed based on a criminal-policy view and a constitutional perspective

Keywords : Criminal constitution; criminal policy; theory of punishment; special prevention.

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