Sobre prohibiciones y permisos en el derecho penal

Abstract

In this article a philosophical analysis of the doctrine is made on the relationship between the categories “typical penalties” and “unlawfulness” elaborated by the Germanist criminal dogmatic, having as framework the doctrine of the deontological operators “prohibited” and “allowed” of the general theory of law. This analysis aims to lay the argumentative foundations regarding the relevance of incorporating the distinction between “strong permissions” and “weak permissions” from the general theory of law to the doctrine of criminal law, concretely in the conceptual treatment of some assumptions of exemptions of responsability that are conceived by the Germanist criminal dogmatic as exculpatory situations of need and that as they are permissions (weak), could be considered as causes of justification.

Keywords

• doctrine
• law
• dogmatic
• permissions
• criminal law
• prohibitions