Penal reform and new criminality

Abstract

The text examines the need for penal reform in the face of the emergence of a new criminality, characterized by methods of action and organization different from those that concerned the legislators of the 1940 and 1941 codes. It argues that the ineffectiveness of the penal system lies not in the dosage of penalties, but in the inability to apply them, and that the impunity of macro-economic crime and organized crime feeds a vicious circle. It analyzes the massification of consumer relations, the impersonality of economic relations, and the pulverization of responsibilities, which cause the sanction to fall on the weakest links in the organizational chain. It concludes that reform must consider activity as the object of incrimination, revise the procedural system, and bring criminal punishment closer to reparation of harm.