La suspensión de la pena en el proyecto de reforma del Código Penal. Un giro hacia el Derecho penal de autor

Abstract

The current Spanish legislation is deficient, in substantive and proceeding aspects, regarding the suspension of sentences of imprisonment. This implies divergent judicial resolutions, decreasing the juridical security. The project of the Government to modify the Spanish Penal Code tries to avoid some defects, taking as model the 56th article of the German Penal Code. According to this project, it will be implemented a unique suspension regime, including the two systems, of suspension and substitution, in force, and decision, conceding or refusing this advantage, will be taken in the own sentence. German influence supposes the flexibility of some elements: this benefit will be extended to recidivist offenders, to repeat an offence will not suppose automatically the revocation of the benefit, etc. On the other hand, a door is opened to the general prevention as a limit to the concession. Some personal references to the criminal, his background and his personal and social circumstances will be also decisive arguments, including his records, not only criminal records but vital records, similar to the German legislator made in the German criminal code. And, along these lines, it is written the possibility to forbid the criminal to contact certain person or people suspected of promoting the crime. These aspects are typical of a penal law focussed on the author, instead or on the fact.