La polémica causalismo-finalismo en el derecho penal español durante la dictadura franquista

Abstract

The controversy between Mezger and Welzel about the ontologic concept of action and the systematic position of the mens rea elements was the object of attention of many scholars during the XXth century. The science of criminal law was built ignoring criminal policy. While the people were being repressed by dictatorial regimes, scholars were dealing only with abstract questions. The so-called “apoliticism” was not real. Many of the constructs and concepts, both in Germany and the rest of countries, were elaborated in order to give legal form to decisions taken by the political regime.