The Extinction of the Penalty according to Legal Guidelines
The basic instrument by means of which a criminologist can adequately develop the exercise of his profession is the criminological report, since through it he can expose his empirical and theoretical considerations related to a crime, to a particular offender or to the victim of the same. When this criminological report is prepared within the criminal process, it becomes a procedural expert report (Article 456 LECrim), which in turn is the basis of the expert evidence that will be carried out in the oral trial, which is carried out by the expert witness appearing before the judge and answering the clarifying questions asked by the accusing and accused parties. In this way the principles of contradiction, immediacy and orality are satisfied.
However, a criminological report can also be made outside the criminal process when the accused or the victim asks an expert (such as a criminologist) to make a report on a very specific aspect of the person of the accused, the victim or the completed criminal act.
How to analyze a sentence by Emilio Rojas
The criminal sentence implies in its construction the reasoning of the criminal judge about facts of social violence classified as crimes and in it the result of conviction or acquittal defines the importance of its precision. Sentence predictive software is functioning in courts as assistants to human judges and, in other legal disciplines, as autonomous decision-makers. The purpose of this article is to analyze the consequences that the operation of such software has on the work of judges in charge of criminal sentencing and, based on a critical reflection of elements of criminal law, the judicial function and the State, to seek a solution for the intended uses of such software in this context.
Andrés, Perfecto (2020). “Physiology and some pathologies of criminal sentencing”. In Abril Uscanga and Carlos Humberto Reyes (coordinators), Estudios contemporáneos de teoría y dogmática jurídica iberoamericana (pp. 113-147). Mexico City: UNAM.
VII.- Judge Rueda Leal saves his vote and rejects the appeal outright. Since Judgments No. 1998-1611 and 1998-3646, this Court established that the current Code of Criminal Procedure repealed the previous provisions related to the execution of the sentence and conferred broad powers to the judges in charge of the execution of the sentence. In effect, the Code of Criminal Procedure clearly establishes a judicialization of the process of execution of the sentence, consistent with Article 153 of the Political Constitution where it is established:
As well as those matters relating to the health and life of the protected persons, whose resolution should not be delayed by referring the appellant to the jurisdiction of the execution of the sentence, given the relevance of such rights for the very existence of the human being.
Let’s Talk Law “Execution of Sentence”.
With the objective of analyzing the importance of the judicial and criminalistic investigation to determine the veracity of the crime, a descriptive research of bibliographic review type was carried out, with qualitative approach, supported by the hermeneutic, exegetic, content analysis and analytical-synthetic methods. The inquiries carried out allowed to establish that a non-coherent and lack of rigorous judicial and criminalistic investigation causes mistakes to be made at the time of relating the legally relevant facts in the expert report, which limits its precision, causing the consequent inconsistency in the performance of the criminal judicial praxis; The failure to specify the factual framework of the accusation and indictment generates difficulties at the time of delimiting the subject of the evidence and, consequently, also at the time of motivating the sentence, which can generate a violation of the right to defense or lead to impunity; hence its importance in determining the veracity of the crime.