Reflexiones sobre alternativas a la pena y una aproximación a la alternatividad pen

Abstract

The German criminal policy offers alternatives to the deprivation of liberty in order to react against some criminal offenses. These alternatives take place in case of criminal offenses which are not the most serious and in the case of perpetrators who are not considered dangerous and who do not need to be under permanent control through monitoring or deprivation of liberty. This article suggests a reflection on alternatives to punishment and alternatives to criminal law. The reflection is based upon the functions and goals of the criminal sanction. The article advocates for a reactive criminal law submitted to the proportionality principle instead of a purely preventive one. It shows some criminal political problems, which emerge out of the current emphasis on security that characterizes many criminal law systems