La voluntad del legislador penal: del texto refundido de Código Penal de 1973 a la reforma de 2010

Abstract

In the introductory texts and preambles of the laws the legislator expresses his sense and reaches, as well as the aims that he persecutes with the legal changes, complementing the method of authentic interpretation. In the article an analysis of the motivations of the different legislative changes in criminal matter throughout all the democratic period takes place, showing the absence of a rational model that generates as much justifications exhaustive as of proceeding, non devoid of important incongruities and contradictions.