Power of the State to punish through the two repressive systems existing in our country right: The right penal, which is applied by judges and courts, and the right administrative sanction, which is applied by the Administration.
El power punitive It is an extra-legal phenomenon, purely political with a repressive aspect and a power de mass surveillance which is exercised over the entire población. In turn the right penal It also has a political objective that may be express or hidden.
Ius puniendi It is a Latin legal expression used to refer to the faculty sanctioning of the State. It translates literally , the right to suffer o right to sanction.
The expression is always used in reference to the State in front of the citizens. Therefore, if carefully It may happen that other bodies or institutions, or in other situations, are legitimized to punish or sanction (employer and employee, father e hijo), the jus puniendi is not applicable to these.
Nature
There are two philosophical conceptions about the jus puniendi: as right subjective and as power. Furthermore, there are some currents that deny the existence of such right.
- El jus puniendi would be a right subjective because the State would occupy a position such that the Law School Criminal law would put itself at its provision to carry out the punishment before the sujeto passive.
- El jus puniendi It would be power of the State. It was said that this definition I had a lot risk to justify totalitarianism. This subjective approach has been progressively abandoned. as seen here The principles of have been consolidated Order Constitutional own of a State social and democratic Law.
At the State current, which is normally democratic and right el jus puniendi It will be the power o power attributed to certain organs of the State to impose penalties, sanctions and security measures on those who, after a proceedings, also contemplated in the law, establish them as responsible for crimes and dangerous states.
These people, once judged, will be subject to penalties, sanctions and security measures, always provided for in the law (classified) if they are found guilty.
In Santo Domingo, Republic Dominican Republic we have the most complete and effective team of lawyers to advise you on issues right penal. To who Carlos Felipe Law Firm SRL. We provide you with accurate and timely legal advice. At Carlos Felipe Law Firm SRL we evaluate your ///, analyzing and establishing the real possibilities of success, as seen here with the Constitution and the laws of the country. We communicate with clear, simple, and timely language, the best actions and strategies to follow to solve the situation or conflict that concerns you.
