Projeto de Código Penal de 1992

parte geral (teoria jurídica do crime)

Abstract

The article examines the innovations introduced by the 1992 Spanish Criminal Code Bill in the General Part of the legal theory of crime (Preliminary Title and Titles I and II of Book I, arts. 1 to 28). The methodology is dogmatic-critical, with systematic analysis of the provisions and comparison with comparative law (especially the Portuguese Criminal Code) and doctrine. The author highlights as positive innovations: the extension of criminal guarantees to security measures; the enshrinement of the principle of culpability; the uti singuli incrimination of negligence and preparatory acts; the suppression of preterintentionality; the unification of imperfect forms of execution around attempt; and the provision for abandonment. He criticizes, however, the maintenance of the criminal age of majority at 16; the option for recidivism and habitualness; the insufficient regulation of commission by omission; and the criminological and criminal-policy deficit in the drafting process. He concludes that the Bill misses an opportunity for a bolder and more systematic reform.