SPANISH PENAL CODE REFORMS READY TO GO THROUGH
THE SENATE - 'Permanent Revisable Enprisonment'.
Spanish Penal Code against citizens rights, according to Carlos Carnicer
Diez, President of the National Spanish Law society.
The recent reform of the Spanish Penal Code includes, amongst other
matters, the aplication of 'Permanent Revisable Enprisonment, which in his
opinion is inconstitutional invoking art. 10º on human dignity and 15º of
the Spanish Constitution, that prohibits inhumane cruel and degrading
penalties; also invoking art 25º the Magna Carta, which stipulates that
penalties that revoke freedom have to be orientated on reeducation and
social reintegration. An opinion which I subscribe.
Also I would consider the term 'Permanent Revisable Enprisonment' a
contradiction-in-terminus, as when the emprisonment is permanent it
excludes it's revisibility. But the spanish interprete this differently and
the Spanish Penal Code, dating from 1995 has suffered numerous
changes, since then.
Also entities like Amnesty International; the Platform for Freedom of
Information; as well as the newly appointed State Procecutor and 63
catedratic penal law professors from 33 spanish State universities are
opposing the latest changes;
which they critise for it's 'enormous tecnical poverty' and the constant
deliberate use of 'ambiguous terms', allegedly introducing more substancial
changes even after the original concept had gone through State Council,
Consejo de Estado, and the General Council of Judicial Power, Consejo
General del Poder Judicial, thus not taking the legally provided route for
creating law serious.
He adds that social problems are not resolved by hardening the penalties,
but by other means, which he unfortunately does not specify.
It brings in to my mind the first alteration of the Dutch Penal Code prior
to World War II, altering the disposition 'no crime without a
previous penal dispostion' - Nullem crimen sinne preavia leges.
Does the social unrest in Spain, caused by economic distress, extreme
poverty of the citizens, the closing down of hospitals, lack of medication,
and the millions of unemployed without social care or any source of
income justify the hardening of penal laws in order to control the
population ?
A population that is simply asking it's government to invest into labour
projects so that they may earn an honest living, instead of spending
almost 1/4 of the Internal Gross Produce to pay back european
financial aid ?
I don't know, but without labour, income, social security, hospitals
and pensions, no population can thrive, let alone repay its loans.
The penal reforms are ready to go through the Senate (Senado).
Let`s see what will happen.
Mevr. mr. drª Marian Aletta Does
Abogada española - advogada portuguesa - dutch lawyer.
Source:
http://www.abogacia.es/2015/01/22/un-codigo-penal-contra-los-derechos-de-los-ciudadanos/
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