Expulsión de extranjeros en el Código penal

Abstract

The object of this study is to make a general and current exam about the legal regulation of the expulsion of foreigners established in the criminal legislation, considering from a strictly technical point of view the different problems and questions that the application of this measure can generated. To achieve this objective judicial decisions and doctrinal articles had been selected and worked and specifically scientific studies made for prestigious institutions (Attorney General, Law School, CEJFE,…) had been used. The study focuses on the analysis of the different cases of judicial expulsion, examining essentially the current art. 89 of the Criminal Code (the essential case and prison penalty referred), considering the problems which are generated by his application and trying to give solutions to them or giving ideas which work like tools to resolve the problems which are generated by his application. Then the rest of de cases of judicial expulsion are examined (more uncommon application: arts. 96.3 y 108 CP referred to security measures; art. 99 CP for concurrency of penalties and security measures; and the conditional liberty case of art. 90.2 CP). Finally some considerations about this question on the Criminal Code Project are made.