Ejecución penal y determinación cuantitativa de la pena. hacía una dogmática de la prisión

Abstract

The work aims to generate a new criminal theory regarding the legal consequences of the crime, questioning the way in which criminal execution has been structured - only in formal terms - independently from the conditions of punishment. While the theories of penal quantification try to contain a punitive power that determines certainty in terms of legal measurement, this paper argues that the executive mode of punishment, being more burdensome, alters precisely those limits that determined its imposition and, at the same time, this allows the quantitative dimension to be varied. This situation requires that the process of the executive phase of the sentence is not only defined in linear time, but that it can also involve qualitative changes that can be reviewed in the sentence imposed.