Las relaciones entre Poder Legislativo y Poder Judicial en las últimas reformas del Código Penal Español

Abstract

In the Continental system of Criminal Law according to the principle of legality the role played by courts should consist only in the interpretation and application of the legal rules, not in the creation of new crimes or the nullification of the earlier ones created by the Parliament. Recently the Spanish Parliament on the basis of the creation of new crimes in the fields of gender violence and sexual crimes, and as well by fixing legal limits to speed and the influence of drinks by driving a motor vehicle and with a new regulation of suspension and interruption of terms of prosecution of crimes, try to limit the power of the courts by the interpretation of legal rules and to avoid a judicial making criminal law over the legal making criminal law.