Summary of Clase gratuita: Principios del derecho penal

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00:00:00 - 01:00:00

This video discusses the principles of criminal law. It explains the concept of legal certainty, which is the principle that dictates that certain criminal behaviors will prevent the use of arbitrary decision-making. It goes on to discuss the role of the police, who often request documents that have been interfered with during investigations. The video then turns to the second principle of criminal law, the principle of protection of juridical assets. This principle says that the criminal law should protect juridical assets, which can include things such as lives, property, and the environment.

00:00:00 In this video, the importance of the principles of penal law is discussed, and why they are important in order to understand the justice system. The principles of penal law include the principle of reason, which is the starting point of all law, and the principle of legal construction, which provides guidance for interpretation, application, and meaning in penal law.
00:05:00 This video discusses the basics of the penal system, including the different types of crimes and the different types of penalties that can be imposed. The video also discusses the principles of the penal system, including the role of the principles in determining the nature of the penal offense, the role of the principles in determining the severity of the punishment, and the role of the principles in protecting the defendant's rights. Finally, the video discusses the principles of the penal system in relation to the execution of the punishment.
00:10:00 The video discusses the importance of principles in the penal system, and how they help to guide interpretation of the law. The principles of penal justice originate from the need to protect society, and as such, should be applied in a way that promotes social welfare. However, the state cannot protect us from the penal system if it has such a powerful punitive power itself. Principles of penal justice help to regulate the state's punitive power, and are essential in the development of social relations.
00:15:00 This video discusses the principles of penal law, and how it regulates the control of the state. We should remember that the law is not only about penal law, but also needs to protect us from the penal law system itself. Roxin points out that when he said that the autocratic or democratic elements of a constitution come to make the "radiografía" or "thermometer" of what kind of state the country is, he was making a valid point. The minimal penal code is based on a democratic and social state of right, which is not possible to explain without first starting with any kind of state, ideal or acetic state. All of these policies--toward the construction of a penal system that is respectful of human rights, and seeks to find solutions to social conflicts through alternative means to punishment--would be impossible if penal law only responded to crime with a punishment that was effective and immediately executed. However, once the law passes from the hands of the legislator to the hands of the judge, the immediate response is always a punishment that is effective and suspended. There are other punishments, however, that have no immediate effect, and may instead be executed through a delay. The principles of penal law, when used in conjunction with the constitutional limitations
00:20:00 In this YouTube video, constitutional principles of criminal law are discussed. The seven principles emphasized include the principle of legality, the principle of exclusivity of the protection of legal rights, the principle of human dignity, the principle of culpability, and the principle of proportionality. Finally, the principle of rehabilitation is discussed.
00:25:00 In this video, a class on criminal law is discussed. First, the principle of legality is introduced, which states that crimes do not exist without a prior law criminalizing them. Second, the principle of jurisdictionality is discussed, which states that the jurisdiction to prosecute and punish crimes is in the hands of the judicial system. Third, the principle of proportionality is discussed, which states that punishments should be proportional to the severity of the crime. Finally, the principle of proporcionality is discussed, which states that punishments should be fit for the crime committed.
00:30:00 The video discusses the concept of the principle of legal validity, which states that a law must be lawful in order to be effective. It goes on to say that the principle of legal validity is based on the principle of representation, which is understanding that the Congress is the result of the citizenry's representation through the Congress. To enact a law, the executive branch must first present a bill, which will then go through committee hearings, and finally be voted on by the full Congress. However, there are certain laws that have the force of law even if they are not passed through the normal legislative process. One example of this is the Decreto Legislativo (legislative decree), which is issued by the executive branch and has the force of law. Another example is the Ley Orgánica (organic law), which is a law that is passed by Congress but does not meet the four requirements of constitutional validity: it must be passed by a majority of votes, it must be introduced by a member of the Congress, it must be published in the Official Gazette, and it must be gazetted (published).
00:35:00 The video discusses the principle of legality, which states that a crime cannot exist without a law. It then goes on to discuss the four variants of the principle: there must be a law at the time of the crime, there must be a law that is understood as the enactment of Congress or even the delegation of powers, and the principle of legality is also questioned. The principle of legality is found in the Constitution in Article 2, which says that no one will be prosecuted or convicted for an act or omission that he did not previously commit a law. The first variant of the principle of legality is that there must be a law at the time of the crime, which is called a law of certainty. This is defined as a law that is punishable and establishes certain criminal prohibitions. The second variant is that there must be a law that is certain, which is a law that is punishable and establishes certain criminal prohibitions. This variant is also called a law of strict liability. The third variant is that there must be a law without a law, which is a law that is punishable and establishes certain criminal prohibitions without referring to any law. The fourth variant is that there must be a law written down, which is a law that is punishable and establishes certain criminal prohibitions that are written down
00:40:00 This video discusses the three principles of criminal law: principle of strict liability, principle of lawfulness preceding the act, and principle of retroactivity. The video explains that strict liability, which is a constitutional mandate to restrict interpretation of criminal law to achieve a more appropriate criminal charge, is only applicable to acts that occurred after its enactment. The principle of lawfulness preceding the act requires that criminal acts must have a legal basis, and the principle of retroactivity prohibits applying criminal law to events that occurred before its enactment. The video also discusses the concept of precedent and how it has been used to guide interpretation of criminal law.
00:45:00 This video discusses the principle of law written before a crime is committed. It explains that the law can only punish someone after it has been specifically defined in writing. It also discusses the principle of legal precedent, which states that law must be followed in its entirety, even if it is retroactive. The video ends with a criticism of how law is applied in Venezuela, where it is based on custom rather than written law.
00:50:00 This video discusses the principle of legality, which states that legal principles should be followed in order to prevent gaps in the penal code. When gaps in the code are filled via analogy, this is considered an analogous situation, and the law dictates that the offender be punished. As a result, retroactivity of law is prevented in cases where the law is unfavorable. This principle is important because it allows for consistent application of the law, avoids problems, and protects individual liberty.
00:55:00 This video discusses the principles of criminal law. It discusses the concept of legal certainty, which is the principle that dictates that certain criminal behaviors will prevent the use of arbitrary decision-making. It goes on to discuss the role of the police, who often request documents that have been interfered with during investigations. The video then turns to the second principle of criminal law, the principle of protection of juridical assets. This principle says that the criminal law should protect juridical assets, which can include things such as lives, property, and the environment.

01:00:00 - 02:00:00

This video offers a general overview of the principles of criminal law. It discusses the concept of "bien jurídico" and how it can be used to protect individual or collective interests. It also explains the principle of "lesividad," which is used to limit the power of the state to punish criminals. The video concludes by discussing the principle of minimum intervention and its effects on penal law.

01:00:00 This video discusses the principles of criminal law, focusing on the concept of "bien jurídico." The video defines the concept of "bien jurídico" and explains how it can be used to protect individual or collective interests. It also discusses the principle of "lesividad," which is used to limit the power of the state to punish criminals. The video then goes on to discuss the principles of criminal law, including the principle of "legitimidad."
01:05:00 In this video, the instructor discusses the two functions of the legal good, which are political and dogmatic. The political function is directed at the legislator in the sense that law cannot create or protect legal goods that do not already exist or that conflict with existing law. The dogmatic function is oriented towards explaining that the exclusive protection of legal means will happen if there is a threat or injury to a legal good. We saw this in Part 1 of the class, with regard to the importance of principles for penal law. Next, we saw the principle of legality, which has four manifestations. Finally, we looked at the principles of exclusive protection of juridical goods and of harmonization of legal goods through penal law. We discussed the political function in terms of its positive role of protecting certain interests through the penal law. We then saw the dogmatic function in terms of its political function of explaining that the exclusive protection of legal means will happen if there is a threat or injury to a legal good. We also saw that the political function has a positive role of protecting certain interests through the law. These interests will eventually be protected through legislative action, followed by the principle of fragmentariness, which states that a legal good should be protected minimally.
01:10:00 This video discusses the principle of minimal intervention, which states that the state should not interfere in the judicial process excessively. It goes on to discuss the principle of fragmentariedad, which states that the state should not protect all juridical rights without a need. It then discusses the principle of subsidiaridad, which states that the state should protect certain rights, rather than protect minimally important rights. The video concludes by discussing the principle of minimal intervention in the context of a dispute between multiple rights.
01:15:00 This video discusses the principle of minimal intervention, which states that the law should only be used as a last resort to protect the public. It discusses the issue of inflation and legislative overregulation of the law, which leads to the criminalization of behaviors that could be better solved with other methods. The presenter compares the state of the law today to when hyperinflation was rampant, and points out that the only thing that has been achieved is that people now know that it is illegal to do everything.
01:20:00 This video discusses the principle of minimum intervention and its effects on penal law. It also discusses the issue of abortion in cases of rape and its implications for the penal system. One of the main effects of the principle of minimum intervention is that it will regularize and prohibit certain activities, such as social gatherings, marches, and protests. This will help to punish and maximize the use of the penal system. Another effect of the principle of minimum intervention is that it can affect love and abortion. Currently, in Colombia, a law has been passed that allows abortion up to six months after conception, although we still have a criminal code that first prohibits abortion. This law is not actually enforced and is, in practice, a dead letter. Many people are either pro-life or indifferent to the issue of abortion. A discussion on the matter today would be premature. However, I want to mention that, when it comes to criminal law, it is important to remember that criminal personalities are businesses and political issues are also important. Eugenio Raúl Zaffaroni, an Argentine criminal lawyer, said, “What happens to a butcher who has his knives, his slicer, and his meat grinder, who devotes himself to the
01:25:00 The video discusses the difference between a carnicero and a penalist, and how the two professions approach solving problems. The carnicero explains that the penalist can only help with suspending conflicts, not solving them. The penalist only has the ability to talk about criminal law, and not social issues. The carnicero's job is to provide meat, and the penalist only has the ability to talk about criminal law. The carnicero says that the penalist cannot solve social problems, and the penalist does not have the ability to solve any of the problems that are occurring in society. The carnicero suggests that people ask the penalist to buy them tickets to a show, which the penalist cannot do. The carnicero says that the penalist can only talk about law, and not social issues. The carnicero says that the penalist cannot solve any of the problems that people are experiencing, and that the penalist cannot even solve conflicts that are already happening. The carnicero says that the penalist only has the ability to suspend conflicts, and not solve them. The carnicero says that the penalist cannot even solve the problems that people are experiencing, and that the penalist is only doing political marketing.
01:30:00 The video discusses the principle of minimal intervention, which states that the government should not interfere too much in the criminal justice system. It then goes on to discuss the principle of humanity, which states that the criminal justice system should treat criminals as human beings. It also discusses the principle of proportionality, which states that the severity of a punishment should be proportional to the crime committed. Finally, the video discusses the principle of rehabilitation, which states that criminals should be rehabilitated so that they can reintegrate into society.
01:35:00 This video discusses the principles of criminal law, focusing on the concept of solitary confinement. It explains that solitary confinement can have a negative impact on a prisoner's mental health, and that it is a human rights violation. The video also discusses the use of other forms of punishment, such as community service, and the principle of humanity, which requires that prisons not inflict inhuman punishments on inmates.
01:40:00 The video discusses the concept of criminal responsibility, which is based on the principle of culpability. This principle states that only the person responsible for an act is liable for it, and that a person cannot be held responsible for something they did not do. It also discusses the concept of determinism, which states that a person's actions are determined by their free will or lack thereof. If determinism is true, then a person cannot be held responsible for their actions, regardless of their free will. The video goes on to explain that, in general, the majority of people believe that humans do have free will, and that criminals are therefore responsible for their actions. This principle of culpability ultimately leads to the conclusion that criminal responsibility is invalid, as criminals cannot be held responsible for their actions.
01:45:00 The principle of culpability underlies the criminal law and is important in ensuring a coherent penal system that is in line with social and democratic ideals. The principle of culpability states that a person cannot be held responsible for something that they did not intend or that they did not foresee. Additionally, a person cannot be held responsible for something that they did not know was a possibility. The principle of culpability is important in determining the punishment a person will receive. First, there is no objective or legal responsibility for the mere result of an act. Second, a person is only legally responsible for their own actions.
01:50:00 This video discusses the principle of jurisdictionality, which states that the judicial power of the state is limited to cases involving offenses against the state. It also explains the principle of judicial competence, which states that the judiciary can only handle cases in which the defendant is guilty, the crime has been committed, and the defendant is a member of the state's armed forces or a member of the police force. Finally, the video discusses the principle of judicial non-intervention, which states that the judicial power of the state cannot intervene in cases that are within the jurisdiction of other branches of the government.
01:55:00 The video offers a general overview of the penal system, including the main principles of criminal law. It explains that the principle of proportionality requires that punishment fit the crime and the circumstances of the crime, and that punishment must be proportionate to the harm caused and the harm sought to be prevented. It also discusses the principle of tolerability, which states that punishment cannot be too severe or too lenient. Finally, the video explains the importance of applying these principles in particular cases.

02:00:00 - 02:00:00

This video discusses the principles of criminal law and how they can be used to help reduce the severity of punishment for crimes. It covers topics such as responsibility, initial degrees of liability, property rights, and proportionality. The video also discusses how these principles can be applied to a specific crime, robbery with a gun.