Penal Code – Joinder of persons. Continuing crime. Penalties – application and execution

Abstract

The article, transcribed from a lecture on the tenth anniversary of the 1984 Penal Reform, examines joinder of persons, continuing crime and progressive execution. The author argues that the reform enshrined subjective liability and individualization of punishment. He criticizes the traditional interpretation of continuing crime (art. 71), arguing that its application requires effective reduction of culpability, incompatible with criminal habitualness. Regarding the progressive system (art. 112 of the Penal Execution Law), he argues that progression is not automatic upon serving 1/6 of the sentence, as it requires merit assessment. Finally, he argues that provisional execution violates the presumption of innocence (art. 5, LVII, of the CF).