La pena privativa de la libertad ¿garantía penal o castigo para el enemigo?

Abstract

The purpose of this study is to establish whether the Criminal Law of the Enemy, a theory whose holder is the German jurist Günther Jakobs, is present in the criminal types of illicit association and organized crime typified and punished in the Organic Integral Criminal Code, COIP, with the aim of determining whether the custodial sentences imposed in these crimes blur the so-called criminal guarantee and are configured as penalties imposed because of the dangerousness represented by individuals belonging to criminal organizations, which, according to Jakobs, are enemies of society and the rule of law. This will also establish the genesis and evolution of the custodial penalty, and the main characteristics and elements that make up the Criminal Law of the Enemy.