Centro de Documentação da PJ
Analítico de Periódico
CD 335
Magna Carta of the delinquent versus victim's criminal law in the penal reform of the crime of rape [Recurso eletrónico] / Maria Fernanda Palma
Anatomia do Crime, Lisboa, N.º 17 (Janeiro-Junho 2023), p. 1-8
Ficheiro de 243 KB em formato PDF
DIREITO PENAL, CRIME SEXUAL, POLÍTICA CRIMINAL
The changes introduced by the dialogue between European reforms on sexual criminal law, particularly regarding the crime of rape, demand a clarification of the constitutional principles of criminal regarding the boundaries and purposes of criminalisation. The liberal, garantist vision of criminal law has been a significant historical development, placing at the core of criminal law the relationship between the State and the Defendant and making punishment a matter of the State's punitive function and relative to the rights of the citizen state power. Von Liszt's expression of Criminal Law as the Delinquent's Magna Carta vividly conveys the guaranteeing dimension of Criminal Law. The principle of the necessity of punishment, whose initial inspiration comes from Beccaria, who asserted that only necessary punishment is legitimate, would make Criminal Law a last resort for society and for the criminal policy of the state in association with a logic of social contract.
