THE REFLECTION OF POENA NATURALIS IN POENA FORENSIS POSSIBILITIES IN THE SPANISH CRIMINAL LAW

Abstract

Natural punishment (poena naturalis) cases constitute an undeniable social reality. Physical or psychic ills that may suffer the perpetrator of a crime as a direct result of his criminal activity, can make the poena forensis disproportionate and inhumane. To avoid this situation, in this paper we study the different possibilities existing in our substantive criminal law in order to reflect the effects of poena naturalis in poena forensis. In this paper we studied similar laws in other jurisdictions, and we carry out reform proposals (lege ferenda) to resolve the tensions that can occur with different principles of criminal law