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The Revista de la Facultad de Medicina Humana of the Universidad Ricardo Palma (http://revistas.urp.edu.pe/index.php/RFMH) is a quarterly scientific journal that publishes original articles in Spanish and English, Papers related to public health, surgery, clinical sciences, and basic sciences will be considered for publication. Said papers must be unpublished and must not have been previously published or simultaneously sent to other scientific journals. The Revista de la Facultad de Medicina Humana of the Universidad Ricardo Palma adheres to the recommendations of the International Committee of Medical Journal Editors (ICMJE) (https://www.icmje.org). Once the final draft is accepted. The Editorial Committee reserves the right to edit the submitted manuscripts with the purpose of optimizing their quality of writing, style and format of the journal.

Recensión del libro Cárceles y pobreza. Distorsiones del populismo penal.

Introduction to the Special Issue n. 26-2021 of the Revista de Derecho penal y Criminología

The interviews with the deputy directors of the prisons of Catalonia and the analysis of the quantitative data provided by the Generalitat de Catalunya will allow to know the profile and how the economic offenderis treated in Catalan prisons. The study of comparative prison experiences, based on a broad concept of Restorative Justice, will open up possibilities for restorative experiences in our prisons that will improve the treatment of the economic offender, the reparation of the damage to the victims and the reintegration into the community.

The functioning of the mechanisms of requests and complaints of the prison population can give us very valuable information about the situation of our prison system. In this article we analyse the perception of the Prison Legal Guidance and Assistance Services on this instrument and the data on the matters for which inmates consult these services.

This paper analyzes Humanity´s genetic patrimony. It studies its definition, as well as its ability to be considered not only a legal asset but a relevant crime. It links the genetic patrimony of Humanity with its possible relationship to crimes, concerning genetic manipulation, established in the Criminal Code. The problem of the most adequate classification and categorization technique for activities that imply their endangerment is addressed.

Being a mother increases the risk of suffering gender-based violence because the aggressor uses the minors to dominate and control the woman. Therefore, those minors who live in a context of violence are also direct victims of gender violence. This paper analyzes the last two legislative reforms aimed at the protection of those minors: the incorporation of the concept of “vicarious violence” in art. 1 of Organic Law 1/2004 of December 28 on Comprehensive Protection Measures against Gender Violence and the reform of art. 140 bis of the Penal Code to force Judges and Courts to impose the penalty of deprivation of parental authority in cases of vicarious violence and femicide.

Through LO 7/2012, the Spanish criminal legislator decided to introduce political parties into the scope of the criminal liability of legal persons, despite the fact that it had initially excluded them. However, the model for attributing a crime to this type of entity is the same as for other legal persons. Thus, this research work highlights the important dogmatic problems caused by the generic extension of the current model of criminal liability of legal persons to political organizations. It concludes that there is a need to introduce a specific model for attributing criminal liability to this type of entity in our country that takes into account its own peculiarities in relation to the subjective scope of application, the crimes that can be committed by them, the natural persons competent to commit the criminal offences, the penalties to be imposed and the requirements of the criminal compliances.  

The transposition of Framework Decision 2008/675/JHA should have meant equivalent effects to a previous conviction handed down in another Member State also in the legal cumulation of convictions and the fixing of the maximum term of execution. This is not the case because a circumstantial issue (to avoid the release of persons imprisoned for terrorism) led to the modification of the transposition bills during their passage through the Senate. This frustration of the aim of the Framework Decision was endorsed by the Supreme Court and even applied retroactively to cases prior to the entry into force of Organic Law 7/2014. The Court of Human Rights has denied that there was a violation of the prohibition of unfavorable retroactivity. Consequently, the legal cumulation of convictions imposed in the European Union, fully executed or not, with convictions imposed in Spain that meet the temporal requirement of art. 76.2 CP is for the moment closed in the Spanish jurisdiction, although it could be reopened either by the Spanish legislator, by the European Court of Human Rights or by the supervisory action of the European institutions.

This paper analyses the background, legal nature, constitutionality and regulation of the measure of residential care for minors with behavioural problems. The close relationship of the figure with the measure of internment for minors responsible for a crime and the characteristics of its regulation bring it closer to a measure aimed more at the neutralisation of troublesome minors than a true mechanism for the integration and education of minors, therefore that, after the analysis, the study incorporates recommendations for the legal approach to this specific and complex problem of children and adolescents in social difficulty.