UNIDAD 4 P1 (15 04)

Understanding the Impact of New Laws on Criminal Behavior

The Concept of Incrimination and Decriminalization

• The speaker introduces a diagram to explain complex legal concepts, emphasizing clarity in understanding how laws can change over time.

• A new law may criminalize previously legal behavior. If faced with an old law that is more lenient than a new incriminating law, individuals would prefer the application of the old law.

• The principle of legality is discussed, highlighting that if no prior law existed regarding a behavior, one cannot be held criminally liable under the new law.

Retroactive Application of Laws

• When a new law decriminalizes an act, it should be applied retroactively to benefit those previously convicted under the now-defunct statute.

• The rationale for applying lenient laws retroactively is based on social defense; society's current stance on certain behaviors influences legal outcomes.

Severity and Benefits of New Laws

• If a new law maintains incrimination but imposes harsher penalties (e.g., longer prison sentences), individuals would still prefer the old, less severe law due to its ultraactive effect.

• Conversely, if the new law reduces penalties while maintaining incrimination, it will be applied favorably towards defendants as it is considered more lenient.

Examples Illustrating Legal Changes

• Historical context is provided through examples such as adultery being decriminalized; individuals previously charged can seek retroactive application of this change in their favor.

• Another example discusses traffic offenses where previous conduct was not deemed aggravating but later became so; individuals may argue for favorable treatment under newer laws.

Debates Around Legal Definitions and Integrity

• The discussion touches upon societal views on integrity and how they influence legal definitions—what constitutes honesty varies widely among different groups.

Understanding Changes in Legal Perspectives on Sexual Crimes

The Role of Women in Sexual Crimes

• Historically, women were not recognized as active subjects in sexual crimes; criminal law textbooks defined rape solely as male-perpetrated acts against female organs.

• The legal framework did not acknowledge various forms of sexual assault, such as anal rape or forced oral sex, which were previously excluded from the definition of rape.

Evolution of Legal Definitions

• The introduction of objects other than the male organ in sexual crimes was also overlooked, despite serious cases involving harm caused by such actions.

• Societal changes have prompted a reevaluation of what constitutes consent and abuse; "no" must be respected at any point during a relationship.

Shifts in Jurisprudence

• Previous legal standards required visible physical signs of abuse for rape claims, ignoring scenarios where victims may not resist due to threats or coercion.

• Acknowledgment that both men and women can experience similar forms of coercion has led to a broader understanding of sexual violence.

Societal Movements and Legal Reform

• Movements like "Ni Una Menos" have contributed to evolving perceptions regarding women's rights and the meaning behind consent.

• New types of crimes have emerged alongside societal evolution, including those related to technology and communication that were previously unrecognized.

Emerging Crimes and Technological Impact

• Crimes like child pornography and grooming are now acknowledged due to advancements in communication methods between adults and minors through social media.

Scams and Cybersecurity Awareness

Personal Experience with Scams

• The speaker recounts a recent experience where they received a suspicious call on their private cell phone, purportedly from WhatsApp, asking for their WhatsApp number. This raised immediate suspicion about the legitimacy of the call.

• They recorded the call, suspecting it was an attempt to gain access to their WhatsApp account for financial exploitation or data theft.

Common Scam Tactics

• The speaker shares a story about a cousin who was targeted by hackers through a deceptive link that could compromise his phone. They emphasize that opening such links can lead to personal device hacking rather than affecting the sender.

• They highlight how scammers often impersonate friends or family members in distress, using familiar communication styles to manipulate victims into sending money.

Persistence of Scammers

• The discussion reveals that scammers persistently send messages and pressure individuals for money, showcasing their determination and tactics aimed at exploiting vulnerabilities.

• The speaker reflects on historical scams targeting retirees, illustrating how fraudsters have evolved over time to exploit sensitive information under false pretenses.

Vulnerability of Targets

• A poignant example is shared regarding elderly individuals who were scammed out of retroactive pension payments due to misinformation provided by fraudsters posing as bank representatives.

• The emotional impact on victims is highlighted, particularly vulnerable populations like retirees and children who may not recognize the risks associated with sharing personal information online.

Legal Considerations in Cybercrime

• Transitioning into legal discussions, the speaker notes that laws typically apply prospectively but can be lenient in certain cases.

• They discuss how determining which criminal law is most favorable for an accused individual can be complex and requires careful consideration of specific circumstances surrounding each case.

Implications of Sentencing Changes

• The conversation shifts towards implications when sentencing laws change after a conviction. If new laws impose lesser penalties for crimes already committed, this raises questions about fairness and justice in sentencing practices.

Understanding Sentencing and Legal Processes

The Impact of Changes in Sentencing Laws

• A sentence of 13 years can be reduced to a maximum of 10 years due to changes in law, allowing immediate release without further trial.

• Individuals cannot be penalized for time served beyond the new maximum sentence; they regain freedom based on current laws.

Trial Procedures and Judicial Roles

• In adult trials, one judge imposes the sentence while another executes it; for minors, the same judge handles both roles.

• Judges are expected to stay informed about new laws that may affect sentencing; defense attorneys do not need to remind them.

Informal Communication with Judges

• Defense attorneys can represent clients without their signature, allowing informal communication through letters requesting judicial consideration.

• Inmates often send letters detailing personal situations or requests, which may not follow formal legal writing but can still hold significance.

Handling Requests from Incarcerated Individuals

• Judges sometimes receive petitions from individuals seeking visitation rights with children despite past legal issues.

• To maintain formality, judges may call individuals for hearings where informal requests are documented as official statements.

Transitional Laws and Their Implications

• Temporary laws during events like pandemics can restrict individual rights significantly, such as limitations on movement and gatherings.

Understanding the Principles of Criminal Law

Temporal Validity of Laws

• The foundation of law stipulates that laws come into effect 8 days after their publication in the Official Gazette, unless specified otherwise.

• Some laws may establish different effective dates, such as starting on January 1 of the following year, allowing time for study and preparation before application.

• Significant reforms, like the unification of civil and commercial codes, necessitate a later validity period to accommodate changes.

• In criminal matters, while terms of validity are rare, new laws typically repeal previous ones, leading to conflicts regarding which law applies.

• Key exam questions often focus on principles governing the temporal scope of criminal law and exceptions that must be explained.

Spatial Validity of Criminal Law

• The Argentine Criminal Code applies within national territory to all individuals present—nationals, foreigners, transients, or residents—establishing a principle of territoriality.

• Territoriality means that any crime committed within Argentina is judged under Argentine law regardless of the perpetrator's nationality (e.g., a Frenchman committing murder in Argentina).

• The principle based on sovereignty emphasizes state power over its territory; however, there are also principles based on nationality or personality.

Nationality and Personality Principles

• The principle of nationality considers the origin country of either the perpetrator or victim when applying criminal law (active vs. passive personality).

• European countries often apply this principle to avoid complications arising from multiple nationalities affecting legal proceedings.

Real Principle and Universality

• The real principle applies when interests affected by a crime belong to a specific country; for instance, counterfeiting Argentine currency affects Argentina directly.

Crimes Against Humanity and Legal Principles

Understanding Crimes Against Humanity

• The discussion begins with defining crimes against humanity, including genocide, human trafficking, and drug trafficking. There is a suggestion that pornography could also be classified as such due to its impact on society.

• The use of children's images in pornography is highlighted as a significant issue affecting everyone, raising questions about state jurisdiction over these crimes.

Case Studies of Crimes Against Humanity

• An example is provided regarding an Argentine citizen who was tried for crimes committed during the military dictatorship in Argentina. This illustrates the application of territoriality in legal proceedings.

• The case of Chilean dictator Pinochet is mentioned, emphasizing the complexities surrounding extradition and trial locations based on where crimes were committed.

Legal Principles Governing Jurisdiction

• The principle of territoriality dictates that laws apply based on where a crime occurs. This principle complicates international law when dealing with transnational crimes.

• A detailed explanation follows about defining territory—land, airspace, and maritime boundaries—and how borders are established through natural or artificial means.

Territorial Conflicts and Boundaries

• Historical context is given regarding Argentina's territorial disputes with Chile, illustrating how arbitration can lead to loss of territory for one party involved.

• Different types of boundaries (natural vs. artificial) are discussed along with their implications for legal jurisdiction over land disputes.

Airspace and Legal Implications

• The complexity of determining jurisdiction over airspace is examined; various theories exist regarding how high above ground airspace belongs to the underlying country.

• When crimes occur on aircraft, multiple theories arise concerning which country's laws apply based on factors like nationality or location at the time of the incident.

Aircraft Nationality and Legal Jurisdiction

The Complexity of Aircraft Nationality

• Discussion on the nationality of aircraft, particularly in relation to state-owned versus private companies. Non-state-owned companies lack a defined nationality.

• In cases of accidents at borders (e.g., triple border between Brazil, Argentina, and Paraguay), multiple countries can intervene based on who acts first.

Determining Responsibility in Incidents

• For public aircraft incidents causing damage, the country where the incident occurs may apply its laws if it results in harm to people or property.

• The determination of when an act begins is complex; various theories exist regarding intent and execution of actions leading to legal consequences.

Intent and Execution of Actions

• The speaker explores the nuances of intention—whether it exists at the moment of thought or action—and how this affects legal interpretations.

• Discusses scenarios involving gun ownership and potential intentions behind acquiring firearms, emphasizing that possession alone does not indicate intent to harm.

Legal Implications of Gun Use

• Examines when life is considered endangered during firearm use; simply aiming a weapon can constitute a threat regardless of whether a shot is fired.

• Highlights real-life implications where accidental shootings occur, questioning whether pointing a gun implies intent to kill.

Case Studies and Practical Knowledge

• References a case involving an accidental shooting while cleaning a gun, discussing premeditation versus negligence in such situations.

Discussion on Premeditated Crimes and Jurisdiction

The Nature of Premeditation in Crimes

• The speaker discusses the implications of committing a crime, specifically murder, and the factors that contribute to its classification as premeditated.

• A scenario is presented where an individual purchases a gun with the intent to kill their partner, raising questions about intent and premeditation in legal terms.

• The discussion highlights that even if someone has a weapon, it does not automatically imply they will commit murder; intent must be established.

Legal Considerations in Cross-Border Crimes

• The conversation shifts to international crimes, particularly focusing on incidents occurring at borders, such as crossing from Argentina and dying during the act.

• There is debate over which jurisdiction applies when a crime occurs across borders; some argue it should be based on where the death occurs while others suggest considering immediate actions taken by individuals involved.

Jurisdictional Principles for Aircraft and Ships

• The speaker explains how laws apply differently depending on whether an aircraft or ship is military or civilian. Military vessels are governed by nationality principles.

• It’s noted that territorial waters complicate jurisdiction; laws may differ based on whether one is within national waters or open sea.