Kriminalpolitik und Gesetzgebungstechnik

Claus Roxin's “programmatic work” on “criminal policy and the criminal law system” is communicated in this work as a legislative program. In doing so, the author is guided by the main theories of Roxin's work, according to which the facts of a case underlie the principle of clarity and definiteness of law, the category of unlawfulness shapes social conflict resolution with the help of regulatory principles, and with regard to the offense level of culpability, freedom of action and also preventive viewpoints must be considered. Analysis of criminal policy in this manner leads to the development of specific suggestions for the reform of the Spanish Código Penal. This work thus represents an extensive contribution to legislative theory, and by means of numerous references to the German Criminal Code (StGB), also provides a stimulating contribution to the critical analysis of German penal legislation.

Fernando Guanarteme Sánchez Lazáro, Universität La Laguna (Teneriffa).