Abstract

CESANO, José Daniel. De la crítica a la cárcel a la crítica de las alternativas. Bol. Mex. Der. Comp. [online]. 2003, vol.36, n.108, pp.863-889. ISSN 2448-4873.

The purpose of this article is to examine the possibility of adopting criminal penalties different from prison sentences in Argentina's criminal law. In this way, the author explains the origins of this trend in Europe during the 1970s, as a response to the crisis of the prison system. Moreover, he describes the most important proposals for finding alternative kinds of criminal sanctions, as well as the critique that they provoked. On the basis of that criticism, the author studies a new proposal that took such criticism into account. He incorporates an analysis of comparative law, taking into consideration the principle of opportunity and the existence of mediation programs. Finally, he analyses the possibility if incorporating such proposal in Argentina's criminal law system.

Keywords : penalty; prison system; alternative criminal sanction.

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