As medidas de segurança na legislação espanhola

Abstract

The text examines the historical and legislative evolution of security measures, from their rudimentary manifestations in the Code of Hammurabi and the Laws of Manu to their positivation in contemporary codes. From a comparative legal perspective, it analyzes the reception of the dualist system in various countries, notably Italian, German, Swiss, Brazilian, and Spanish legislation. It discusses the Spanish penal reform, especially the 1992 Bill, which enshrines the vicarious system, limits the duration of measures to that of the abstractly applicable penalty, and subjects them to the principle of legality and judicial control. It concludes by warning of the risk that the suppression of the Social Dangerousness Law may transfer to administrative authorities, notably the police, the power to impose sanctions of a materially criminal nature without the inherent judicial guarantees.