Sobre el fundamento y la justificación de las medidas de seguridad aplicables al delincuente habitual “peligroso”

Abstract

The need to increase the level of security of the society has led to Criminal Law to consider the best legal response against the habitual offender. In 2010 the legislator decides to incorporate the supervised liberty in the Penal Code, configured as a security measure, applicable to individuals, responsible and not responsible criminally. This fact leads us to consider the rationale and justification for such action in relation to its application to persons fully responsible, and, if necessary, to suggest possible alternatives to this regulation.