PHILOSOPHY OF

NATURAL LAW

Rildo O. Davalos Parking

PHILOSOPHY OF NATURAL
LAW

Rildo Omar Davalos Aparco

 To my teacher
since without his
support and faith in
me , the projection of
this article would not be
possible.
 PRESENTATION

We begin by thanking the Professor of the Present Chair –

especially Luis Alberto LUNA – since from the beginning of our
academic work he has taught us and allowed us to disseminate
our ideas through this article; Now, through this work, we are
allowed to express our opinion more broadly on a topic as
transcendental as the function and systems of Criminology.
This work addresses issues such as the definition - empirical
and interdisciplinary science, which deals with the study of
crime, the person of the offender, the victim and the social control
of criminal behavior - as well as what its study objectives are, and
if these encompass events beyond mere experience or reality.
In addition, the functions of criminology are studied, such as:
It provides and increases secure knowledge about crime, the
victim, the offender and social control; It constitutes a source or
bank of information or data at the service of the legislator,
practice and criminal sciences; It must offer criteria or guidelines
for the solution of social problems or specific conflicts; Fight
crime and its prevention effectively; Provide raw material for the
structuring of a Criminal Policy.
Likewise, we will see the different functions that Criminology
can play today: a) Scientific knowledge of the criminal
phenomenon; b) Criminology as a central information center; c)
Criminology practical science; d) Criminology, legitimation factor
or critical instance of the social order; e) The reception of
criminological knowledge in the criminal process; f) The role of
the criminologist; and, Methodological techniques in criminology.

Now, regarding the Systems of Criminology, we state that

there is, consequently, no unanimous opinion on the system of
Criminology, that is, a communis opinio around the disciplines that
comprise it and the relationships between them; since, here we
talk about the interrelation of various sciences whose purpose is
to clarify the facts of a criminal event.
Traditionally there is an open struggle between two
conceptions;
The wide one; For the encyclopedic conception of the
Austrian school, all the disciplines that deal with the study of
criminal reality in its very diverse phases or moments, both
strictly procedural and political-preventive or repressive, belong to
Criminology.
The strict one: For the strict conception, on the contrary, some
disciplines that the encyclopedic conception includes in the
criminological sciences are segregated, excluded. Those that raise
 Presentación

the most controversy are, fundamentally , Penology, Criminalistics

and Prophylaxis.
 First part

GENERAL TOPICS
OF THE
CRIMINOLOGY
 According to Arburola Valverde, among the
DEFINITION OF CRIMINOLOGY functions and roles that criminology has are the
following:
Jemny ESTEVEEZ QUINTO (*)
1. Provides and increases secure knowledge
l about crime, the victim, the offender and
Criminology is an empirical and interdisciplinary social control.
science, which deals with the study of crime, the
person of the offender, the victim and the social Criminology tries to systematically increase
control of criminal behavior, and tries to provide knowledge in the field of the problems it studies. Its
valid, contrasted information on the genesis, main task is, therefore, to acquire a stable set of
dynamics and variables. main causes of crime, secure knowledge.2 .
considering this as an individual problem and as a Criminology above all provides knowledge, not
social problem, as well as on effective crime simply data, moreover, it provides a core of
prevention programs and positive intervention knowledge, systematized, organic, not isolated. All
techniques for delinquent men. knowledge implies the elaboration of the data
obtained, that is, a theory that interprets them, and
What is the object of study of criminology? working hypotheses that transcend the mere
Criminology studies. verification and empirical contrast of those.3
1. the crime
2. the offender 2. It constitutes a source or bank of
3. the victim information or data at the service of the
4. the social control of deviant behavior. legislator, practice and criminal sciences.

FUNCTIONS OF CRIMINOLOGY
The data or information obtained
serves as raw material that must
According to Gunther Kaiser1 , Criminology, as an subsequently be analyzed and processed
interdisciplinary empirical science, deals with according to a theory.
crime, the criminal and the control of deviant
behavior. Knowledge of the interests of the victim
and criminal prevention are also part of such Computing power with new systems for
objects. The primary functions of Criminology are obtaining, storing, processing and transmitting
the continuous observation of such phenomena, the information seems to expand the traditional
expansion of knowledge, as well as research into the functions of criminology, opening unknown
control of results and the modernization of Criminal horizons. Extensive information obtained in real
Law. time allows decisions to be rationalized and
provides very valuable empirical and instrumental
background. Criminology as a science must be more
than a gigantic data bank. Obtaining data is not an
end in itself, but a means and because data is raw,
1(*)
Student of the IX cycle of the Faculty
neutral, ambivalent material that has to be processed
of Law and Political Sciences of the
2
National University of Huancavelcia. Kaiser, Introduction to Criminology; 1988; p. 31.
Gûnther Kaiser, Introduction to
3
Criminology; 1988; p. 31. García-Pablos de Molina, 1999, p.212
 in accordance with a theory. Obtaining or storing it increasing the legal rigor of the prohibitions, nor to
is not enough.4 encouraging the performance and effectiveness of
formal social control, but rather to respond to the
3. It must offer criteria or guidelines for the human and social problem of crime such as the
solution of social problems or specific rationality and effectiveness of the so-called
conflicts. "prevention." primary".

Criminological knowledge originates from both 5. Provide raw material for the structuring of
the observation and analysis of reality so that it can a Criminal Policy
explain, understand and transform it for the benefit
of man. 5 The contribution of data and information can be
very useful to guide, inspire and assist the legislator
4. Fight crime and its prevention effectively. to structure a criminal policy through timely legal
reforms.
The role of providing knowledge must facilitate
the control and prevention of crime. According to García Pablos6 , the basic function of
Criminology consists of informing society and
public powers about crime, the criminal, the victim
What is Crime Prevention? and social control, providing a core of safer and
“Crime prevention” is nothing more than
taking measures and carrying out actions to more contrasted knowledge that allows scientific
avoid conduct or behavior that may harm or understanding of the criminal problem, prevention
turn the population into subjects or victims of and intervene effectively and positively in the
an offense. delinquent man.
Let's now see the different functions that
Criminology can play today.

Mere repression always arrives too late and does 1. THE SCIENTIFIC KNOWLEDGE OF
not directly affect the ultimate keys to the criminal THE CRIMINAL PHENOMENON
act. Criminology, therefore, does not intend to
provide information to the public powers about it, to The main function of Criminology
punish the crime more and better. Rather, scientific As a science it is to provide a set of safe and
(etiological) knowledge of crime, its genesis, contrasted knowledge about crime, the victim, the
dynamics and most significant variables, must lead offender and social control.
to a thoughtful and selective intervention capable of Criminological research, as scientific, reduces
anticipating it, preventing it, neutralizing its roots intuition and subjectivity to a maximum by
with appropriate programs and strategies. Naturally, subjecting criminal phenomena to rigorous analysis,
it is an effective one, not a "penal" intervention, with appropriate empirical techniques. Its
since the latter, due to its high "social cost" and methodology allows the coordination of the
harmful effects, must always be subsidiary, in knowledge obtained in the different fields of
accordance with the principle of minimal knowledge by various specialists. In this way, it
intervention. Intervention, then, that is not limited to offers a more reliable, qualified diagnosis of the
entire criminal act.
4
García-Pablos de Molina, 1999, p.214
5 6
García-Pablos de Molina, 1999, p.214 García-Pablos de Molina, 1999.
 Criminology provides knowledge, not simply useful knowledge, but also practicable ones. The
data. The knowledge provided by scientific activity chosen topic, the research method, the formulation
is more than the sum or accumulation of data. These of results and the language itself must be oriented
must be elaborated and interpreted in order to reach towards that end.
the field of theoretical formulations. In any case, this orientation of criminology to the
2. CRIMINOLOGY AS AN INFORMATION demands of reality should not mediate its field of
CENTER. research.
Society is particularly sensitive to certain
The spectacular development of computer criminal manifestations and certain criminal
sciences can allow Criminology to operate as an personalities (for example, robbery, murder, etc.). If
“information center” whose data are put at the criminology is exclusively concerned with
service of the legislator, of practice and of the satisfying social expectations, it would only be
criminal sciences themselves. interested in conventional crimes, those that fill the
Complete information – recently obtained – pages with events. , neglecting the investigation of
allows more rational decisions to be made and other less striking criminal modalities, which do not
provides empirical background and valuable tools. raise as much alarm in public opinion, but which are
In any case, neither Criminology can finish its still harmful.
task with the obtaining and provision of centralized
information on crime, nor should we ignore the 4. THE FIGHT AGAINST CRIMINALITY
limitations of decisional informatics in its
application to the examination of criminological It may seem obvious that the final destination of
reality. Obtaining data is not an end but a means, criminology is the fight against crime or even, in a
since it is a neutral and raw material that must be less radical way, to provide a core of empirical
interpreted in accordance with a theory in order to knowledge that enables the control and prevention
draw any conclusion. of crime; However, some sectors of the doctrine
doubt that this task belongs to the specific objective
of our discipline.
Traditionally there has been a tendency to
maintain the negative thesis. From this position it is
3. CRIMINOLOGY PRACTICAL stated that criminology is responsible for the
SCIENCE. explanation of the criminal phenomenon, the
analysis and description of its causes, but not the
Criminology is also a practical science that can strategies to combat it; These would be the
offer criteria and guidelines for solving a specific responsibility of public powers.
problem; For this reason, criminological research Many theorists, however, have conceived the
oriented towards practical needs is gaining more fight against crime as a specific object of
importance every day. criminology. In this way, the theory of the
It is the most useful and profitable planning in preventive and repressive fight against crime, the
the short term, for the purposes of the police, the theory of crime prophylaxis and criminalistics
criminal process, legislation and penitentiary would integrate one of the two major axes into
science itself. which the system of criminology can be divided.
To meet these objectives, it is necessary that The followers of this broad thesis turn to the
theoretical criminology strive to provide not only logical connection that exists between the theory of
the real forms of crime commission and the theory conservative and the critical, the so-called positivist,
of the real form of crime control; There is a conservative and critical criminological models.
connection and interdependence that prevents
artificially separating one from the other. This is the  Positivist criminology:
point of view mostly assumed by modern It is a criminology that legitimizes the constituted
criminology. social order, it does not question its axiological
foundations, the official definitions or the
functioning of the system itself. It assumes it as a
5. CRIMINOLOGY, LEGITIMATION dogma, critically, taking refuge in alleging the
FACTOR OR CRITICAL INSTANCE OF supposed neutrality of the empiricism of data and
THE SOCIAL ORDER. statistics. Neither the crime nor the social reaction
are problematic, since we start from the supreme
goodness of the social order and the therapeutic
Criminology itself is an impartial science but effect and well-being of punishment.
criminological activity and praxis is not totally
neutral for the social system. Thus, the various The criminological empirical contribution
criminologists' opinions range from the legitimation reinforces the legal definitions and dogmas of the
of the established system (criticism) over a wide system, providing it with a more solid and rational
spectrum. In some way, the politicization that foundation.
currently exists in the social sciences also reaches
criminology and even polarizes empirical work.  Critical model, on the contrary, questions the
From this perspective, they can distinguish two bases of the social order, its legitimacy, the
opposite and radical models.7 . functioning of the system and its instances, social
creation, the radical freedom of the individual. He
Criminology is an empirical and shows his sympathies for deviant minorities and
multidisciplinary science, but criminological preaches punitive non-intervention by the State.
activity, research, is not functionally neutral, among Blame the crime on society.
a wide spectrum from the legitimation of the
STATUS QUO8 (conservatism) to direct criticism
While positivist criminology legitimizes any
of the foundations of the social order (criticism). It
social order and tends to empirically support the
has been said in very graphic phrases that the
repressive response and its conflicts. (the only
criminologist, in fact, either favors the state-
culprit is the individual, the criminal), critical
organized society or opts in favor of certain
criminology questions every social order, while its
minorities.9 .
sympathy for deviant minorities and looks at the
From this functional perspective, it is possible to
moral foundation of punishment (the culprit is
contrast two radical models: the positivist,
society preaching, in some way, punitive non-
7
intervention of the state).
Gûnther Kaiser, Introduction to Criminology: 1990 page
37 Of course neither of the two models is convincing.
8
The status quo is the state or situation of something at a
certain moment. The status quo is generally considered to be a Criminology must not be convincing. Criminology
balance or harmony: therefore, when the status quo is should not become an accomplice of the system10 .
disturbed, there is a state of agitation or commotion.
9
José Carlos Vilorio Diploma in Criminalistics Expert
Diploma in Intervention with Women Victims of Gender
10
Violence Alfonso Serrano Gómez: criminological notes.
 6. THE RECEPTION OF to receive certain visits or temporary permits, taking
CRIMINOLOGICAL KNOWLEDGE IN into account his dangerousness.
THE CRIMINAL PROCEDURE

Criminology can provide the criminal field with

valuable information about the crime, the offender,
the victim and social control. This information can
be incorporated into the criminal process, taking the
form of a “criminological opinion”, so that it
becomes one more element to be taken into account
by the courts when having to make decisions;
However, in our current legal system there are no
adequate legal channels to incorporate
criminological knowledge into the criminal process.

The object11 of said report before a criminal

court will be to offer the Judge a series of
knowledge far from the legal and normative
concepts that the judge has, which will be very
useful to assess and study facts or circumstances
relevant to that case such as the criminal
responsibility of the subject who has been charged,
the type of legal consequence linked to his actions,
the mode of execution or the victim's participation
in the commission of the crime, or refer to some
aspect of the way the crime was committed. The
criminological expertise is not binding since, within
the principles that develop the evidentiary activity,
we are dealing with the principle of free evaluation
of evidence.

However, a criminological report can also be

made outside of the criminal process when the
accused or the victim asks an expert (such as a
criminologist) to prepare a report on a very specific
aspect of the person of the accused, the victim or the
person. completed criminal act.
Within the execution phase, the criminological
report will assess the risk situation for the prisoner's
treatment or whether or not it is appropriate for him

11
Kron1978 the study of crime in sociology: pag. 221
 Second part

CRIMINAL LAW
AND THE
CRIMINOLOGY
 CRIMINAL LAW AND CRIMINOLOGY

Criminal Law can be defined as the branch of

positive law that establishes the legal assets that
must be protected criminally and, based on these
principles that vary in time and space, specifically A Criminal Law distanced from criminological
configures the crimes and penalties that correspond research, without empirical support, runs the
to each of them. It is that part of the legal order that risk of becoming mere “decisionism”12 ; the
determines socially unacceptable behavior and the activity of jurists, in simple theoretical
applicable sanctions. It is a formal concept, it is a “speculation”; and the criminal policy that
product of the legislator at a given time and in a inspires it, little sensitive to social reality and
territory. scientific knowledge, will lack the rigor and
Criminology and Criminal Law are two different seriousness that guarantee the effectiveness of
sciences: the laws.
 Criminal Law is a “legal”, “cultural”,
“normative” science, of “should be”. Criminal and criminological sciences point
 Criminology is an “empirical” science, a towards an “integrated model”, imposed by the need
science of “being.” for an “interdisciplinary” method in the
 Criminal science in a broad sense, deals understanding and control of crime.
with the delimitation, interpretation and In fact, the evolution of criminal and
theoretical-systematic analysis of crime criminological sciences points towards an
(formal concept), as well as the assumptions “integrated model”, imposed by the need for an
of its prosecution and its consequences. The “interdisciplinary” method in the understanding and
object of criminal science is given by legal control of crime. Legislation and praxis are
norms (normative object) and those who increasingly receptive and sensitive to
13
cultivate it use a “deductive-systematic” criminological knowledge.
method to analyze the criminal act.
 Criminology, on the contrary, confronts 7. THE ROLE OF THE CRIMINOLOGIST
crime as a “real” phenomenon and uses
What does the criminologist do ?14 This is a
empirical methods to examine it. The
defender, or he is an agent of discussion and
criminal-legal criteria do not allow an
mobilization. We are the ones who point out the
exhaustive delimitation of the object of
warts on the face of the system.
Criminology, for the same reason that they
do not exhaust, either, the total meaning of
To the extent that criminologists contribute
the crime as a real fact.
empirically to criminal legal resolutions, they
necessarily serve the groups that legitimately
enforce the interests of a society.
12
dictionary is the ability to make decisions decisively and
quickly, taking personal responsibility for it. Decisionism is
criminal and also a theory of the legal system that establishes an original
criminological decision based on law and not subject to conditions or
sciences points
towards an
restrictions.
13
“integrated model” Integration Unit of the Americas: Paraguay.
14
chisnie
 One of the most important characteristics of the
criminologist is that he is convinced that the
problems involved in crime control can be solved in
a more rational and effective way.
the role of the criminologist through five types of
behavior: 8. METHODOLOGICAL TECHNIQUES
the role of the criminologist through five types of IN CRIMINOLOGY
behavior15 :
Etymologically, “method” means path to an end.
 Observer: Describes things as they are or as It is the use of means that will lead us to achieve the
he finds them. desired ends.17 .
 Ideologist: Argues for or against the state of
affairs and makes proposals about how they
Criminology as an empirical science uses a
should be.
research method supported by observation and
 Theoretical: Explains the existing
experimentation, that is, an empirical-inductive
relationships in the criminological field.
method. It is important to be clear that law and
 Practical: Collaborate to make things the
criminology use different methods: The jurist uses a
way they should be
dogmatic, abstract, deductive, formal method. The
 Methodological : Follow the guidelines of
criminologist uses an empirical, inductive and
scientific methodology.
interdisciplinary method18 .

It must be taken into account that, in addition,

Criminology, as a science, must use the scientific
the criminological investigator is only legitimized in
method but within it various methodological
his activity through a commitment to the search for
techniques can be used. Those used by
the truth.
criminologists can be divided into two different
types: Sociological methods and anthropological
To the extent that criminologists contribute
methods.
empirically to criminal legal resolutions, they
necessarily serve the groups that legitimately
Science is a set of knowledge that has been
impose the interests of a society,
accumulated and perfected19 . Science, as we know
it today, was a relatively large product of the
One of the most important characteristics of the
general development of human civilization. If you
criminologist is that he is convinced of solving the
consult various history books referring to certain
problems that crime control entails in a more
sciences you will see that; For example,
rational and effective way.
Criminology has existed as such for less than 150
Criminologists must adopt social defense
years; That is to say, systematically, Psychology is
attitudes so that their contributions contribute
less old than the first, Computing is not as old as it
significantly to the fight against crime.16 .
might seem, the automobile is just over 100 years
The criminologist: old since it was created.
This is a defender, or he
is a discussion agent 17
Investigation methods and techniques: crime and public
security expert. Cadiz University
18
(Herrero, 1997, p.233).
15 19
Krom 1971 GUEVARA RODRIGUEZ: Classes and functions of the
16
UPLOADED BY methodology
 Currently we are dependent on Science and
Technology, although this dependence is not
perceived, without it survival would be difficult,
artificial means to live have been created; for
example, the microwave, fans, heaters, medications,
laws, diets, therapies, etc. Technology is understood
as the science that creates and studies the tools that
allow us to understand and control the environment
that surrounds us. Despite this evolution, sometimes
some social problems encounter obstacles that do
not allow this goal to be achieved (eliminating
crime, mental disorders, AIDS, influenza, cancer,
among others).
 Third part

SYSTEMS
OF THE
CRIMINOLOGY
 1.1. SYSTEMS OF CRIMINOLOGY B. Disciplines related to the process
 Criminalistics.
There is, consequently, no unanimous opinion on
the system of Criminology, that is, a communis C.
Disciplines related to the repression
opinio around the disciplines that comprise it and and prevention of crime:
the relationships between them. Some doctrinal  Penology (Penitentiary Science,
sector has even questioned the origin of the term Correctional Pedagogy); and,
system, regarding Criminology.20 , for estimating  Prophylaxis.
that, in the strict sense, there is no such strict sense,
there is no such. 1.1.1. DISCIPLINES RELATED TO
CRIMINAL REALITY:
Traditionally there is an open struggle between
two conceptions , a) Criminal Phenomenology
 The broad : that sponsors the Austrian school Phenomenology : Science that studies
(encyclopedic conception) the manifestation of matter or energy in
criminological matters.
For the encyclopedic conception of the
Criminal Phenomenology deals with
Austrian school, Criminology belongs to all the the analysis of the forms of appearance of
disciplines that deal with the study of criminal crime, developing the corresponding
reality in its very diverse phases or moments, typologies of facts and authors.
both strictly procedural and political - Focusing on the criminological field,
preventive or repressive. Professor César Herrero has defined
. criminal phenomenology as the part of
 The strict one: For the strict conception, on the Criminology whose function is to offer,
contrary, some disciplines that the encyclopedic systematized, knowledge about the figures
conception includes in the criminological or types of crime appearing, about its modes
sciences are segregated, excluded. Those that or forms of execution by of the active
raise the most controversy are, fundamentally , subjects, as well as offering a description of
Penology, Criminalistics and Prophylaxis . their criminological profile, as it should be
Regarding Victimology, its belonging to deduced from the preceding elements, while
Criminology is not questioned but rather its providing, as far as possible, a timely
greater or lesser degree of autonomy within the reference to the victims.21
former. For example, if murder is a phenomenon
that has existed since ancient times, today
1.2. ENCYCLOPEDIC CONCEPTION
we would have to analyze the variant that
According to this conception, they belong to the phenomenon of serial killers represents
Criminology. as the unconventional one. In this case, the
A. Disciplines related to criminal prototype is clearly the cybercrime
reality: phenomenon that has emerged as a result of
 Phenomenology, the development of new information and
 criminal biology, communication technologies. Once its
 Criminal psychology; genesis is discovered, this scientific method
 Criminal Sociology.
21
HERRERO, C. Criminal phenomenology and comparative
20
Thus, MERGEN, A., Die Kriminologie, cit., p. 3. criminology. Madrid: Dykinson, 2011].
uses official statistics and victimization
surveys to study the development of these
criminal behaviors, paying special attention
to comparative crime (that is, what happens
in other nations of the world ).
The purely examination of the reason for
Criminal phenomenology the occurrence of the punishable act and its
-
encompasses several multidisciplinary consequences among other issues.
fields; the purely empirical aspect such Criminal phenomenology can describe:
as the registration, description and  The criminal figures
analysis of the new orerandi modes and  The modus operandi
the descriptive methodology from an
 The means used in the commission of
evolutionary approach (What, how,
when, where) criminal acts.
b) Criminal Biology
Biology.- Science that studies the laws of
life.
Criminal Biology tries to understand
crime as a product of the personality of its
author, explaining it in terms of vital causal
processes. Personality is understood as the
permanent core of the individual, forged by
his predispositions or instincts and the world
or environment that surrounds him.
Criminology biology studies man with
antisocial behavior, as a living being, from
his genetic background to his anatomical-
physiological processes; the influence of
biological phenomena on crime and the
participation of biological factors in crime.

Criminal biology mainly studies the

problem of heredity with the
transmission of diseases, the tendencies
and predispositions that constitute the
diathesis for this or that infraction
within society .

Currently this subject is

concerned with problems such as: the
functions of the central nervous system and
antisocial behavior, the possibility of
biological differences between criminals and
non-criminals; biochemistry and its
influence on criminal behavior, studies
 between pairs of twins, in which at least one d) Criminal Sociology
is criminal.22 Science that studies the relationships of
c) Psychology Criminological the criminal with the rest of the people.
Criminological psychology is, based on It studies criminal events, as a
its etymology, the study of the soul of the phenomenon that occurs in the community,
criminal subject. both in its causes and factors, as well as in
Criminological psychology has gone its forms, development, effects, and
beyond the limit of individual observation of relationships with other events and
the antisocial subject, extending to studies of behaviors that occur in society.
criminal behavior and the psychological Criminological sociology studies criminal
factors that influence criminality, whether problems and tries to give more complete
individual or collective. explanations to antisocial behavior, finding
It is possible to distinguish at least a topics that are true research models or
criminological psychology as a study of the hypotheses, such as criminal subcultures,
psychological aspects of antisocial behavior cultural conflicts, the opportunity to commit
from a judicial psychology, which is the crimes, labeling, and marginalization.
application of psychological knowledge to
the problems of the administration of justice.
One can also speak of a criminological
psychopathology, which is the study of the
factors, functions and psychological and Criminal Sociology , as a guide
normal processes that lead to criminality. to society 's fight against crime,
specifies its conclusions in the need
to attack the general causes that
A criminologist must know what favor its development, through
work is developed from criminal methods of preventive social policy
psychology, since the interaction that, if implemented by
between both will be essential for the governments, would lead to
reducing and attenuating crime. the
correct development of those percentage and virulence of
strategies that they jointly propose sociopathic behavior and criminal
for the study and explanation of acts .
criminal phenomena.

Criminological psychology, in a broad

sense, brings together judicial psychology
and psychopathology in that it studies the
attitudes, mental processes, personality,
motivation (conscious or subconscious) of
the criminal and his crime, addressing what
could be called psychology. criminological
social, in which we go from the psychology
of the individual to the psychology of social
or antisocial groups. 23

22
Paula Canevello, criminology lawyer- Argentina, second
edition 2014.
23
Aguirre Eduardo Luis. Essay on critical Argentine
criminology 1st edition Buenos Aires.
 Fourth part

DISCIPLINES OF CRIMINOLOGY
RELATED
WITH THE PROCESS
 DISCIPLINES RELATED TO THE the discovery and scientific verification of a
PROCESS crime, the identification of the accused and
the possible victim.26
Rildo Omar DAVALOS APARCO
Criminalistics is the set of knowledge
applicable to the search, discovery and
A. CRIMINALISTICS scientific verification of a particular crime
It was Doctor Hans Gross, the founder of and the person allegedly responsible for it.27
criminology through his invaluable work
The Judge's Manual, all systems of ii.
criminology, published in Graz, Austria, in Criminology is the science that
1892. studies the individual who
Doctor Hans Gross was born in Graz, committed a crime, its reasons,
Austria, in 1847. He served as a professor in causes and explanation of said
Criminal Law at the University of Graz and antisocial behavior.
as an Investigating Judge in Stejermark.
Professor Gross was the first to refer to
criminal investigation methods as
criminology. GENERAL, FORMAL AND MATERIAL
OBJECTIVE
i. DEFINITION The study of material evidence
It is the discipline that fundamentally in criminal investigation, both in the
applies the knowledge , methods and field of events and in the laboratory, has
research techniques of the natural sciences a perfectly defined general objective
in the examination of significant sensitive circumscribed by five basic and
material related to an alleged criminal act in important tasks:
order to determine , to the aid of the bodies 1) Investigate technically and
in charge of administering justice, its scientifically demonstrate the
existence or either reconstruct it or point out existence of a particular act
and specify the intervention of one or more that is probably criminal.
subjects in it.24 2) Determine the phenomena and
Criminalistics is the auxiliary science of reconstruct the mechanism of
criminal law that uses or employs technical- the event, pointing out the
scientific resources in the search and instruments or objects of
analysis of material elements of evidence, in execution, their
order to establish whether there was a crime, manifestations and the
providing investigators and the criminologist maneuvers that were put into
with scientific bases on the analysis of the play to carry it out.
crime. place of the events and determine the 3) Provide evidence or
possible causes or motives of what coordinate techniques or
happened.25 systems for the identification
Criminalistics is the auxiliary science of of the victim.
Criminal Law, whose primary objective is
24 26
( Moreno, op.cit, pp. 344-345). (Arburola, 1992, p.5).
25 27
(López et al, 2000, pp. 148-149). (Rodríguez, 1976, p.389).
 4) Provide evidence to identify The material objective of
the alleged perpetrator(s). criminalistics is related to the study of
5) And provide circumstantial the material elements of evidence that
evidence to prove the degree are used and are the product of the
of participation of the alleged commission of the facts.31
perpetrator(s) and others
involved.28 c) formal objective
a) General Objective.- The study and Assist with the base results of
analysis of the material elements of technical-scientific analysis,
evidence carried out in the criminal methodology and technology, to the
investigation, both at the scene of the bodies that perform judicial police
incident and in the laboratory, has a functions and those responsible for
general objective perfectly identified and administering justice, in order to provide
limited to five basic and important tasks. them with evidentiary elements,
identifiers and reconstructors conducive
1. Demonstrate in a technical-
to establishing the truth of the facts. that
scientific manner the existence of a
they investigate.32
particular act, probably criminal.
Assist with the results of the
2. Determine the phenomena and
scientific application of its knowledge,
reconstruct the mechanism of the
methodology and technology, to the
event, pointing out the instruments of
bodies that seek and administer justice
execution, its manifestations and the
in order to provide them with
maneuvers that were put into play to
identifying and reconstructive
carry it out.
evidentiary elements and to know the
3. Provide evidence or coordinate
truth of the facts being investigated.33
techniques or systems for the
identification of the victim, if any. 1.1.2. DISCIPLINES RELATED TO THE
4. Establish the necessary REPRESSION AND PREVENTION OF
evidence to link the authors in a CRIME:
technical-scientific manner.
5. Using techniques and A. THE PENOLOGY
procedures, provide indicative a. CONCEPT AND CONTENT OF
evidence for the alleged perpetrators PENOLOGY
and others involved.29 Francis Lieber tried to give penology its
b) Material Objective own status. For Americans, penology has
always been part of criminology. For
The object of study or material object Europeans, penology did have an
of general criminology is the study of the autonomous status distinct from
material evidence or indications that are criminology, but starting with Lieber, an
used and produced in the commission of attempt was made to shape the science of
the act.30 punishment.

28 31
(Montiel, op.cit, p.35). (López et al, op.cit. pp.149-150).
29 32
(López et al, op.cit. p. 150). (López et al, op.cit, p. 150).
30 33
(Montiel, op.cit.p. 35). (Montiel, op.cit, p.36).
 Penology is a part of criminal law or part existed at all times and, therefore, the
of criminology, depending on the approach types of reaction have been different.
we want to take, either sociological or In the old days, they did it for
exhaustive of punishments. In penology we revenge, it was private. Punishment,
study the theory of the penalty system, that as we understand it, implies the
is, the law of the types of penalties and the existence of a state organization. A
criminal infraction of our legal system. Also legal system is necessary to
the right to apply and determine sentences, understand punishment as an
that is, the process of specifying the afflictive sanction.
sentence, depending on the circumstances in b. Characteristics of Penalty.
which the crime occurs. Penology also deals
Penalties have certain
with the execution of sentences.
characteristics subject to principles
that will allow us to identify how the
It is an auxiliary science of criminal law penal system is organized in a given
that studies punitive or punishment systems. state. Specifically, in ours, we can
The administrative organization of the public
institutes in charge of applying prison
talk about:
sentences gives rise, in turn, to a legal branch - Principle of Legality: penalties
called Penitentiary Law, in which elements of are defined by the law, which
criminal law are combined with others of
tells us what is a penalty and only
administrative law.
that will be a penalty.
b. - Benign retroactivity is included:
THE if according to the new law, the
PENALTY AND CRIMINAL sanctioning act in a previous law
INFRINGEMENT is no longer punishable, the
a. Concept penalty imposed and its effects
The penalty is the legal are extinguished by operation of
consequence of the crime. From a law.
material point of view, it consists of - Principle of ultraactivity: laws
an afflictive sanction that the legal intended to govern only for a
system establishes as a reaction certain time apply to all acts
against someone who negligently committed during their validity,
injures or endangers a legal good that even if they were no longer in
the community considers basic for force, unless otherwise provided.
coexistence. These characteristics - The principle of combination
lead us to question the reason for this and benign retroactivity: the
sanction, which deprives valuable applicable penalty is the one in
legal rights, if it is really necessary. force at the time of the
Faced with this issue, punishment, commission of the punishable
historically, has been necessary. act. However, the most favorable
What happens is that we could not one will be applied to the
always classify punishment with the prisoner in case of conflict over
characteristics of the principle, time between criminal laws.
because legal systems have not
- Also the principle of legality of state if it is necessary to address
sentences with jurisdictional harmful conduct, which
legality , which says that endangers the legal right. If there
sentences can only be imposed are less burdensome means than
through the courts. punishment, we have the
- Legality in execution , where obligation to impose them. It is
sentences are executed in the due to the principle of minimum
manner provided by law - Legal intervention of criminal law.
guarantee.
c. THE INFRINGEMENT OF THE
- Principle of Guilt: there is no
CRIMINAL LAW
penalty without guilt, and the Unlike penalties, these measures will
penalty should not exceed the fulfill, as a first characteristic, a
measures of guilt. We have part complementary function to penalties, in the
of this principle, when it tells us sense that they will address cases that the
in the definition of crime what penalty cannot reach, for example,
intentional or reckless actions or dangerous criminals who , either they do not
omissions are punishable by law. have or their imputability is diminished.
Imputability is a capacity that the Punishment cannot cope with the danger of
person who does without it the unimpeachable.
cannot be blamed with a penalty,
d. THEORIES OF PENALTIES
but with an infraction of the
Absolute Theories: are those that tell us
criminal law, since they do not
that the penalties are justified by themselves
have the capacity to understand
because they involve the recovery of justice
that a conduct is not in
that the crime has contravened. The penalty
accordance with the law.
rewards the crime.
- Principle of Proportionality: the
Kant. The penalty had its exclusive basis
penalties of our system, together
in justice, it did not seek another purpose
with this principle, must be
and it had to compensate for the crime,
respected with the principle of
harming the same legal right.
legality, because legal rights do
Hegel. Maintaining the absolute theses,
not have the same value, neither
he takes a leap and says that retribution does
constitutionally nor materially.
not necessarily have to be a retribution that
Not all injuries to legal property
damages the same legal rights, since we can
can have the same penalty. This
conceive it in a more ideal way, where the
must be proportional to the legal
penalty is a punishment. The most serious
good, that is, to the injustice and
crime will be the one that society says, and it
the level that has been injured.
will be the one that carries the most
You must also take into account
punishment. Punishment seeks to punish,
the guilt of the subject, whether it
because without punishment there is no
is intentional, guilty, etc...
justice.
- Principle of Necessity of
Advantages; Legal security, since the
Punishment: punishment can
penalty for each behavior is known in
only be used legitimately by the
advance.
 Relative Theories: punishment serves the In case the patient is already sick, curative
purpose of preventing crimes. They have to medicine begins to develop.
have a useful purpose from a social point of It is important to keep in mind, however,
view. that this distinction is more theoretical than
Quia Peccatum Est - one punishes practical. The doctor usually practices both
oneself because one has sinned specialties simultaneously, since his actions
Remuneration tend, at least, to prevent a worsening of a
Ut Ne Peccatur - one punishes oneself so condition.
that one does not sin Prevention. Within the field of medicine, there is also
what is called antibiotic prophylaxis, which
B. PROPHYLAXIS consists of the use of certain drugs,
You have to go to Greek to be able to find specifically antibiotics, with the purpose of
the etymological origin of the term preventing certain diseases from appearing
prophylaxis that concerns us now. or keeping existing ones under control.
Specifically, we can say that it emanates Prophylactic , in short, is what allows us
from “ prophylaxis ”, which can be to reduce the risk of contracting a disease.
translated as “ prevention ” and is composed As a noun, prophylactic is synonymous with
of three different parts: condom or condom , the latex sheath used
-The prefix “ pro -”, which means to cover the penis during an intimate
“before”. relationship and, in this way, minimizes the
-The word “ phylax ”, which is risk of contagion of sexually transmitted
equivalent to “guardian”. diseases.
-The suffix “ sis ”, which is used to Chemoprophylaxis , finally, consists of
indicate “ac the use of drugs to prevent the onset of
certain diseases.
What is carried out or used to prevent the
appearance of a disease or the emergence of
an infection is
known as Prevent and reduce
prophylaxis . the presence and
influence of
Prophylactic criminogenic factors,
medicine , in this in order to avoid the
sense, is the branch commission of
criminal offenses in
of medicine that is
general.
aimed at
prevention.

Prophylaxis,
therefore, can be developed from the actions
of a doctor . The specialist is responsible for
providing advice, suggesting measures and
trying to raise awareness among his patients
to reduce the possibility of them getting sick.
 Conclusion

The field of criminology is very important

because it is a science applied to the criminal
problems of society: violent men in the home,
abused women, young people and drugs. Therefore,
it is linked to the disciplines mentioned in this work,
which They help to understand the origins of the
criminal act that appeared in society, and now
scourges the entire world, violating certain
fundamental rights of the normal person.