Dogmática penal y Política criminal en la Historia moderna del Derecho penal y en la actualidad penal

Abstract

After the Second World War the German Criminal Law Theory (called Strafrechtsdogmatik) became a purely systematic Legal Theory of the Crime, based on the ontologish structure of the behaviour, the Criminal Policy was banned. The most important polemic of this period of time was the confrontation between the final and the causal theory of the action. Just in the last quarter of the last century with the penal reform became the Criminal Policy more important and was included by Claus Roxin in the system of the the theory of the crime. Since then the relationsship between the dogmatic approach and the Criminal Policy became narrower and at the same time more conflictive. Now the modern tendencies on the Criminal Policy have influenced the German Dogmatic and caused an expansión of the Criminal Law to new fields like Environment, Computing, Finances, Organized criminality and so on; that present a challenge to the renovation of the traditional dogmatic concepts like causation, individual responsibility, etc. The theoretichal discussion now is not more the systematic approach, but how can the dogmatic put up resistance to this expansión of the Criminal Law according with the principles of the Empire of Law