Abstract

IGLESIAS, Juana Marta León. Evolución de las ideas filosófico penales en Cuba: El Código de Defensa Social y otras normativas penales (1938-1958). Rev. hist. derecho [online]. 2013, n.45. ISSN 1853-1784.

The following article is aimed to characterize penal regulations that ruled in Cuba during the 1938-1958 period, making a special outlining on 1938 Social Defense Code, as an aftermath and a coronation of ideas of penal positivism in Cuba. For this task, a description of the background of this regulation is being carried out, since the colonial period until previous years before promulgation of the Code, taking into account the political , social and ideological context that marked each one of the legislatives proposals that tried for renew or modify Cuban penal regulations. Besides, social defense and dangerousness basic concepts are being analyzed, these who support and summarize philosophical and juridical positions of the writers of Social Defense Code, also being analyzed the characterization of most common crimes during 1938-1958, taken into account by Law. This re search also describe s other regulations, such as Criminal Prosecution Law as well as Sanction Execution and Freedom Privative Measures, those who accompanied the execution of the Penla Code above mentioned, and under its sponsorship crime was defined and prosecuted during a wide period of Cuban high-class society republic.

Keywords : Criminal laws; Crime; Law enforcement.

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