Description
PENALTIES DEPRIVING INNOMINATE RIGHTS (SPECIAL REFER
Book Summary
This work offers an exhaustive legal-criminal analysis of penalties depriving rights in the Spanish Penal Code, focusing on a little-explored category: disqualification penalties concerning innominate rights. The author, Dulce Santana Vega, distinguishes between specific or ex novo penalties in Book II and those which, through a closing clause, allow the judge to disqualify any other right or activity not expressly provided for. The study reveals the special potential of these penalties in areas such as the Crown, offering a rigorous and updated perspective for criminal law professionals.
What is it about?
The book addresses the evolution and application of penalties depriving rights in the Spanish legal system, with special attention to disqualifications. The author starts from the premise that, alongside nominated penalties (those that deprive specific rights such as a profession, trade, or public office), the Penal Code has been incorporating specific legal consequences into its Book II. However, the core of the research focuses on the legal closing clause that empowers the judge to impose the special disqualification of any "other right or activity" not previously defined, that is, innominate rights. The work explores the limits and scope of this judicial power, and analyzes its practical application in unique contexts, such as the Crown, where these penalties acquire particular relevance.
Main themes
- Analysis of penalties depriving rights in the Spanish Penal Code.
- Distinction between nominated disqualification penalties and penalties concerning innominate rights.
- Study of the legal closing clause and its empowerment of the judge.
- Specific or ex novo penalties depriving rights in Book II of the Penal Code.
- Potential and application of disqualification penalties in the sphere of the Crown.
Who is it recommended for?
This work is aimed at legal professionals, especially criminal lawyers, judges, prosecutors, and academics specializing in criminal law and criminal procedure. It is also of great utility to postgraduate students and those studying for competitive exams who seek deep and updated knowledge on penalties depriving rights and their jurisprudential application.
What this book contributes
- A distinguishing and novel analysis between penalties of nominated and innominate rights, clarifying a complex legal issue.
- A rigorous interpretation of the Penal Code's closing clause and its scope in judicial practice.
- A practical and contextualized application of these penalties in such a specific area as the Crown.
- An updated vision, the result of the author's research in national projects on corruption.
Technical data
- Author: SANTANA VEGA, DULCE
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Subject: CRIMINAL LAW AND PROCEDURE
- Collection: FONDO
- Binding: Paperback
- Publication date: August 2024
- Number of pages: 300
- Weight: 600 g
Editorial assessment
This is a specialized work that addresses a subject of great technical relevance within criminal law. The author, with a solid academic and research background, offers a detailed and distinguishing analysis that fills a void in legal literature regarding disqualification penalties. Her focus on the closing clause and its application to innominate rights, as well as its connection to the sphere of the Crown, makes it an essential read for those seeking to understand the subtleties and evolution of the legal consequences of crime in Spain.