CRIMINAL LAW

Author: PAZ GONZÁLEZ ISRAEL.
Year: 2003.
University: LA RIOJA [www.unirioja.es].
Place of defense: CIENCIAS HUMANAS JURÍDICAS Y SOCIALES.
Place of preparation: UNIVERSIDAD AUTÓNOMICA DE MADRID.

Summary: The object of study dela dissertation is the criminal protection of the environment in the Criminal Code of 1995. This work is divided into four major thematic blocks. The first three are related to issues connected with the dogmatic party General (either legal, technical and legislative legal staff) and the last to a cursory study of Party Special, which includes an analysis of different types of crimes, a assenda case and some reflections on the catastrophe of Pretige. The meritado chapter suscríbe positioning true secto doctrine that calls into question the desirability of the criminal law is the only punitive instrument that has responsibility for protection of collective interests, among quese found the environment. In the chapter on the legislative technique looks at the rules on criminal referrals and the relationship they have to keep to the principle of criminal law, both in their demensión formal and its component materials. What is the thesis put demanifiesto is that the criminal laws blank vulheran, while reserving criminal law that establishes the art.25, 1CE as the principle of certainty, while the elements of the type are perfectly eligible you order punitivo-penal Spanish. On completion of the thoughts regarding the legislative technique of criminal law blank, the thesis is adentragba on the issue dela criminal liability of legal persons, trying to defend the adequacy of the models of individual responsibility for the palpable, not because of disabilities the current model of charging, but rather wills powers in the world politically and economically emerging favored esqulmamiento the environment. Following these reflections Party General, the thesis contains a brief and cursory look at the types of the Party Special, giving way to annex certain decisions of the Supreme Court who were trying to illustrate what has been said regarding the different types of crimes, as that added, questions immediately present a reflection on the Prestige disaster.

Author: GALÁN MUNOZ ALFONSO.
Year: 2003.
University: PABLO DE OLAVIDE [www.upo.es].
Place of defense: DERECHO.
Place of preparation: UNIVERSIDAD DE SEVILLA, CONVALIDADO.

Summary: The thesis is presented that is central object of study analysis and definition of the crime of computer fraud, as defined in Article 248.2 in nuestri Penal Code. This analysis has been divided into two broad thematic areas, the first devoted to the study of Comparative Law on the crime and the second focused specifically on the analysis of the specific characterization established in our criminal legal system. And within this second part, we began our analysis would have to be asking what the relationship should be between appreciate this new crime and the crime of swindling traditional controversial issue, which forced us to define in detail the typical elements that define the unfair both offenses. Once this definition, we are in a position to take a position itself with regard to the specific typical relationship between the two, which allowed us to identify the various effects that could have typical interventions realizdas by others in the commission of such crimes, especially analyzing the difficulties that prentarían in some of those cases attributed to the particular course causal fraud had occurred to the author of these crimes, problems that forced us to analyze the feasibility and impact of the appreciation of the so-called fraud alternative such cases.

Author: SPINOLA TÁRTALO BEATRIZ.
Year: 2003.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO DE LA UCM.

Summary: The Spanish Penal Code provides in Article 129 a number of ancillary consequences for the company, corporation, association or foundation. His dogmatic nature is discussed doctrine, as it was and whether it should be introduced in the Criminal Code the criminal liability of legal persons and other organizations. According to the traditional dogmatic only person may be subject of criminal law because it only acts voluntarily and may violate the standard for determining criminal, addressed to individuals who are autodeterminan. However, when individuals included in the entities, driven by the interests of these crimes on their behalf, provide high profits. As a result, the individual criminal sanction, determined on the basis of individual culpability, and the economic situation of the individual, it is not provided, and almost not strong inhibitory. An optimal prevention of crimes committed in the interest of the group of persons or breach their duties can be achieved only if the threat of punishment is directed both to the individual and the entity, being possible to implement both cumulatively. Faced with the sustained by the majority of the doctrine, the need for the criminal responsibility of the groups was not due to problems to impute criminal liability to the person sfísicas within the organization by the division of labor and the hierarchy, since the peculiarities of the orientation behavior in systems requiring supraindividual penalty even in cases in which individuals respond. In the thesis comprises the following chapters: the personality and the organizational structure of clusters of people, fecto criminógeno of belonging to the group, the doctrinal discussion on penalties and security measures for groups of people and criteria for the attribution implementation of penal consequences to the groupings.

Author: NUÒâEZ FERNҁNDEZ JOSÒâ°.
Year: 2003.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO PENAL.

Summary: The object of study estÃÂ ¡formed for the sake jurÃÂdico protected sexual assault involving the realizaciÃÂ charges of sexual behavior through violence and intimidaciÃÂ ³ n. To determine the nature and content of interÃÂ © s covered by sexual violence has been to anÃÂ ¡lysis of the evoluciÃÂ ³ n histÃÂ ³ rich in the agresiÃÂ ³ n sexual.A continuaciÃÂ charges has conducted a review of the regulaciÃÂ ³ n Law espaÃÂ ± ol force in the art. The capÃÂtulo devoted to comparative law dealing with regulaciÃÂ charges of agresiÃÂ ³ No sex in the right inglÃÂ © s norteamericano.La delimitaciÃÂ ³ n of the object of study in these systems Anglo has been done in accordance with the criteria in the law espaÃÂ ± ol current under of which, imposiciÃÂ charges of intimidating and violent sex constitutes a categorÃÂa delelictiva autÃÂ ³ noma. In the three paragraphs above, namely those relating to evoluciÃÂ ³ n histÃÂ ³ rich, existing law and law compardo, there has been some objective and subjective analysis of the agresiÃÂ ³ No sex for despÃÂ fourth is to determine the nature and content of its well jurÃÂdico. Finally, it has conducted a anÃÂ ¡lisis qualitative studies empÃÂricos in which appraises daÃÂ ± or physical and psÃÂquico that agresiÃÂ ³ n sexually produced in the vÃÂctima.Se raises the possibility of constructing an object of protecciÃÂ ³ n jurÃÂdico criminal from daÃÂ ± or caused by crime as it appears revealed by the evidence empÃÂrica.

Author: MARTҍN LORENZO MARҍA.
Year: 2003.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The work is aimed at examining the categorÃÂa causes of exculpaciÃÂ ³ n.Bajo this tÃÂ © rmino discusses a kind of exclusiÃÂ charges of responsibility at the level of culpavilidad and mÃÂ ¡s allÃÂ Do the assumptions inimputabilidad or error prohibiciÃÂ ³ n.La thesis is structured after aclaraciÃÂ charges of terminologÃÂa employed and definiciÃÂ charges of its object reference into two parts. In a first discussed crÃÂticamente proposals fundamentaciÃÂ ³ n usual for a continuaciÃÂ ³ n offer its own model linking exculpaciÃÂ ³ n withthe source of legitimacy of the criminal justice system on the principle democrÃÂ ¡tico, and identifies the ratio of exclusiÃÂ charges of responsibility jurÃÂdico-penal with compresiÃÂ ³ n intesubjetiva about the motives of the author, as sÃÂntesis of the properties of situaciÃÂ charges that actÃÂ eighth to and acciÃÂ charges being made. The second part collates the proposed structure and foundation for excuses to catÃÂ ¡logo defenses genÃÂ © policies contained in art.20 of CÃÂ ³ say criminal llegÃÂ ¡ndose to conclusiÃÂ charges that may be considered causes of exculpaciÃÂ ³ n some assumptions state of necessity art. 20.5-asÃÂ as fear insurmountable -art.20 ,6-si well none of these circumstances fully satisfy legal rules as exculpatory.

Author: FUENTES OSORIO JUAN LUIS.
Year: 2003.
University: JAÉN [www.ujaen.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.

Summary: Traffic on the continued use of criminal law to solve problems política-social. As an example of this phenomenon is discussed dogmatic and político-criminalmente figure of the criminal preparation, with emphasis on behavior punished in the arts. 17 and 18 CP.

Author: ESQUINAS VALVERDE PATRICIA.
Year: 2003.
University: GRANADA [www.ugr.es].
Place of defense: FACULTAD DE DERECHO DE LA UNIVERSIDAD DE GRANADA.
Place of preparation: FACULTAD DE DERECHO DE LA UNIVERSIDAD DE GRANADA.

Summary: In this case, the survey work has been carried out around the crime called "degeneration of care or neglect of health services", contained in art. 196 of the Criminal Code currently in force. To carry out this task has been instrumental conducting a series of stays of foreign research centers, over which they had gained access to most of the literature and jurisprudence employed in order to develop this Doctoral Thesis. Thus, over the years I have had the opportunity to develop my work at two institutions so señeras and inviting as the Institute for the whole of the Criminal Legal Sciences affiliated to the University of Munich, Germany under the protection of Prof.. Roxin, during the months of October and November 2001, and the Max-Planck Institute for Foreign and International Criminal Law in Freiburg, Germany, from September to May of this academic year 2003/2004, with the tutelage of Profes. Jescheck and Sieber, having enjoyed in the last center of the advantageous opportunity to make a presentation, then scientific debate, around the same theme of my Doctoral Thesis. In order to publicize, in order, the outcome of this lengthy task of thinking, nothing more appropriate than to start from the first eslabores in the chain: well, back to the year 1195, when the very creative legislator Spanish decided to establish in our text punitive such precept 196, according to which it is punishable with sentences of art. 195 at the upper end and with the specific disqualification from public employment or office, trade or profession, "professional obliged to do so, denies health care or abandon health services, where the delegation or neglect resulting serious risk to the health of people. " The new legal provision was, at the time, greeted very positively by a certain segment of the criminal doctrine, for whom its introduction in the Code was to the ultimate realization of a dogmatic to figure eagerly awaited, as would that of the pure or omissions own gravity Intermediate: with such expression are designated, in fact, omissions committed by those who, based on a liability or a qualified institutional solidarity, played in front of the legal system and a certain role to guarantee property or interests of others, but that falls short derivase, unlike the so-called improper omission or commission by default, a result of injury effective legal protection of such objects. Thus, one health professional, dealing with the society, based on the title of obligacional that in each case, a position of responsibility for the health of a particular patient or a group of them, no longer provide assistance accurate, thereby increasing the risk factor which threatens the patient to become severe, according to the above rule haberdashery aggravated punishment on which would apply to any other citizen. In the light of this legislative innovation, in order, it is no wonder the distrust and concern that arose in the midst of genetic medical colleges: in this regard, however, the wording of this new offense would be fully in line with the flow critical to the collective medical pervades the social and legal thinking in the last decade. So, while that has been extended to unthinkable limits life expectancy and the preservation of youth and health, the user sector has reacted by increasing their demands so that at present it is estimated (at international level) one in five doctors arrive to take over, a conviction of his career judicial performance incorrect. However this figure would not be so unreasonable when we consider that, according to some studies, between 2 and 3% of genetic medical treatments that are performed contain a medical error, of which only one out of every thousand end up being discussed in court . 8 In all of 1922 or event, returning to that crime of denial of care or neglect of health services, the fact is that the passage of all these years, since 1995, and the same effort of researchers have come to reveal the inconsistency such concerns by the physicians, since the article referred to has not yet been used in an effective manner by any judicial body Spanish, and nothing indicates that eta situation will change in the short term. In fact, all those court cases in which, after the entry into force of the Criminal Code of 1995, in its day patients, and then applicants have complained to a professional doctor for allegedly failing healthcare then needed, judges have ended up dismissing the indictment. Ultimately, that sterility in practice invites inquire about its causes, on the grounds upon which a precept that seemingly would be as "useful" and "necessary" in our legal order remains, however, deploying such corrective effectiveness of medical activity to be implied. First, it could factor into consideration as the same disparity of litigant eagerness on the part of patients, so many of the complaints are filed because they are unable to prove any irregularity in the case to which they relate. In turn, it is also possible that, having been given in effect a medical inappropriate conduct that justifies demand, it does not reach the desired success due to the complexity of the facts discussed and the overwhelming difficulty of proof that they entail. But it is reviewing the structure of the offense degeneration of health care as evidenced striking elements. But in any event, returning to serious risk of this condition, the obstacles to the implementation of the provision could be overcome through the interpretation from this thesis has been upheld. Indeed, it has chosen to define this risk especially since a legal or valorativo, such as lack of support or helplessness, as a situation in which the patient is without essential care, when in fact the guarantor should be professional there count, in most cases, that the health status of the subject involved either serious or serious at the time before the ---. In that sense, more difficulties arise, especially with regard to the dividing line between this art. 196 PA and crimes of injuries, the alternative of choosing a vision strictly científico-médica such risks as a specific deterioration in the state of health of the patient. Moreover, in adopting this interpretation is provided for the inclusion of hazard in the same type of target of crime, eludíendose theories postulate that their exclusion from this area identified as a condition of the objective criminality. And so, in the manner we propose would be getting more fairly the same purpose by those other argument, namely to prevent the use framework of this article is limited only to the few cases in which it would be possible to assign objective and personally omitente one result of worsening cash patients' health. Moreover, since the duty to assist emanates risk, and not vice versa, will be essential to determine exactly when this obligation arises professional health care provided by the optional concrete. To this end, therefore, choosing the more formalistic standpoint, being also the most impervious to purely ethics will be considered only be obliged to provide professional assistance in accordance with art. 196 CP when so determined by a contractual or legal nexus. However, in addition to this commentary clause "being compelled to do so", as a typical indeterminate and capable of intense modulated by both the judicial officers, remains a very serious problem with regard to the effective operation of this art. 196 PA: namely, that the offense was set at the subjective level, as a kind solely culpable. In this regard, it should be borne in mind that, in most cases, the omission of health care by the doctor is going to respond to a miscalculation not deliberate, that is, its belief that will not be produced any real danger, which would be absent the requirement of willful awareness on the outcome of risk. In any case, in layman -- is appropriate to carry out a proposed amendment in order to save the crime yet, so at this point would be to decide whether it would be worth adding to the current wording of the commission alternative to the reckless conduct Or on the contrary, it would be preferable not to undermine the rule under which the negligent behavior not resulting in injury are to remain unpunished. From our thesis, finally, we advocate a change in the laws meaning that aside, however, the criminal penalty for those scenarios demonstrate a more sanitary gross negligence or inexplicable. Thus, on the other hand, would be more defined the boundary between these crimes and attempted (necessarily willful) injury or homicio seconded by omission. Otherwise, ultimately, resignémonos to this provision remains long dead letter. But it is, as applicable, the legislature and not the humble interpreter, who has the last word on this.

Author: FERNÁNDEZ IBÁÑEZ EVA.
Year: 2003.
University: ZARAGOZA [www.unizar.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Since the 1963 ROXIN raised included in the authorship medium, next to the traditional forms of exercise of coercion or creation or use of an error, a third form of manifestation of the will of the domain recognizable in the leader of an apparatus organized power, covered by a structuring jerárquico-lineal tract, dictated a series of instructions criminal, through the various middle management, came to the concrete executors, and based on the particular fungibility of them was fulfilled, so virtually automatic, have been innumerable critical considerations such construction has been raising. Clearly, the main stumbling block to the thesis ROXIN be overcome presented in the form of hard compatibility of the proposal with the assumptions contained traditionally included in the authorship medium term. Within these organized apparatus of power, who conducts own hand the order issued generally acting in a manner fully responsible. It was presented as a simple task then try to marry the full responsibility of the executor to the existence of a "defect" in the same, as it appeared to require their status as "instrument", which the author served medium to realize the fact criminal. Under the command of organization, as a result, both the "front man" as the "man behind" should be punished in terms of authorship. At first glance, the question seemed to be resolved with a simple broad interpretation of the figure of authorship medium term. However, although this has been done from an impressive field of doctrine, without admitting an exception to the "principle of responsibility" for the sole domain organizational assumptions are not presented as a satisfactory solution. Devenía absolutely essential to several steps back and investigate at first whether the use of a regulatory principle as the "principle of responsibility" appeared forced as a result of the assumption of any concept of the author. The conclusion reached but could not deny such links. The idea, of course, is not new. Already in ARISTÓTELES, in the reprocessing of PUFENDORF, and later in the approach WELZEL, latía the idea that the concept of the author, more specifically, the domain of fact found their support structures lógico-objetivas. The dominance of fact is presented as a structural element of the charge, and the inherent nature of ontological, and that under the principles of attribution that relate to the structure and categorical elements of human action, are also referred to the category by being. There is no room in this concept inherent copyright for valorativos criteria. In any case, in order to get to assert authorship, not simply the action, but it will be vital to the realization of the kind. He may be qualified author who runs a typical behavior, both in their side as objectively subjective, and therefore completely independent of whether the conduct is justified by the law, if it finds any attenuation in the field of guilt or if it is at all reproachable. The key to acceptance of the proposal ROXIN lies in the compatibility or incompatibility of the idea itself with the manipulation of responsibility. The doctrine was more traditional identifying the status of "instrument" to "subject irresponsible," not knowing that not every author mediato instrumentalization become the "man behind" (such as the use of a subject which operates without action for the realization of offense, autoinstrumentalización own actio frees cause in the case of participation necessary or subjecting the victim to the actions of causal factors not dominables by human action) and closing its eyes to its own previous admissions instrumentalization of authorship mediata where the man in front of acting not only mastery of fact, but antijurídicamente and even guilt, but this was tempered (cases where the instrument ac 8 túa in and 1094 rror type vencible in error ban vencible, covered by a because of inculpabilidad incomplete or in error on a budget inesencial of a case inculpabilidad). The authorship mediata not be determined depending on the prior finding of responsibility for the acting, but in checking if the man behind "may dominate the course of events in a way relevantemente above as the executor. The principle of responsibility, therefore, will not be in all cases the domain of the will, either by mistake or coercion based organized apparatus of power. The budgets structural domain of the latter organization, which will allow recognize an alleged "perpetrator behind the author," will be the fungibility (understood as a certain possibility of man back to replace arbitrary way to the front for the conduct of criminal act), the existence of a large pool of prospective executors and the finding of a structuring jerárquico-lineal tract. Neither approach untying of the legal system nor the requirement that the executors were willing wholeheartedly to the implementation of crime convincing as budgets fundamentadores. In any case, a simple listing of disjointed and successive budgets fundamentadores admitted failing to provide sufficient information on the complete formation of this third form of the domain will. To find answers to questions concerning the nature graduable each of the essential elements, the possible trade-off between them and the existence dependent relation to others is essential to the formation of a logical system, in the form of a Typus, distinguish clearly what are the basic structural components and what those specific characters that can be distinguished from each other. The logical unit that is formed will also be able to see how often the greatest intensity of one of the budgets affecting upwards to the intensity of the others. In any case, the difficult process of creating a perfect Typus which is dependent on the verification of exponential maximum level leaves the door open to various Typus domain organization, distinguishable from each other by the different scalability of the essential elements and the various components specific to each apparatus. Rejected all alternatives proposed in front of the thesis ROXIN (co-author, intellectual authorship, authoring accessory, induction, necessary cooperation and complicity), it can only struck through absolutely convincing. While the figure of domain organization advocated in this work does not coincide entirely with the one presented by the German criminal, and although my intention in this work has not been more than an attempt to try to adjust in a manner consistent the brilliant theory ROX1N the whole subject of codelincuencia, with the prospect of more than forty years, the purpose has been to try to overcome the objections assigned to the domain organization simply a figure the value of ad hoc and leave open the door to a possible extension of the figure to areas outside the originally conceived, provided that the analysis fáctico-fenomenológico of the specific situation, the recognition of the fungibility of the vast reserve executors subordinates, to recognize a domain relevantemente higher in the ordering.

Author: ORTIZ MEYER JUAN PABLO.
Year: 2004.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: FACULTAT DE DERECHO.
Place of preparation: FACULTAD DE DERECHO/GUATEMALA.

Summary: The IRS is the agency federeal American entrusted with the collection of taxes and in accordance with Decree Reform 98 (RRA98) has implemented a comprehensive restructuring of its functions, will now be organized by type of taxpayer: wage, small businesses and self-employment, and big business exempt entities. It has been ordered not to measure their activities as a law enforcement agency but as a service organization comparable to private companies.

Author: VILLALTA RAMÍREZ LUDWIN GUILLERMO MAGNO.
Year: 2004.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: FACULTAT DE D ERECHO.
Place of preparation: FACULTAD DE DERECHO/GUATEMALA.

Summary: This paper is a historical survey, and comparative analysis of critical reference to the different legal systems, which were associated with the administration of criminal justice. It also makes a reference to the principles of operation of the bodies responsible for the prosecution. Concluding with a criticism of the Spanish public prosecutor with the Public Prosecutor's Office in Guatemala.

Author: TÉBAR VILCHES BEATRIZ.
Year: 2004.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: ESCOLA DE POSTGRAU.

Summary: In this thesis deals with the parole system with Spanish reference to other systems conditional release outsiders. This study was conducted from different perspectives: historical, concerning your justification, legal and practical implementation. First, from a historical perspective, this is the birth of different systems of freedom condiconal in the Western context, at the cultural, legal and practical prison. Secondly, there is a justification for parole on the one hand, coming to the major doctrines of justification for the penalty. Moreover, it is the foundation for parole according to the Spanish Constitution of 1978, with particular emphasis on articles 25.2 and 15 of that text. Then, in light of the foundation consitucional, an analysis of the legal institution. Finally, with regard to the practice of conditional release, includes a quantitative empirical study, which examines the impact of a number of variables-type personnel, and prison sentence in the granting of this measure.

Author: GARRO CARRERA ENARA.
Year: 2004.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: In this paper addresses the effect of restoring the damage in the area of identification judicial punishment in the Spanish system. Basically considers mitigating repair of art. 21.5, CP, but also includes references to the role of reparation in criminal enforcement. The work provides also a study of comparative law from jurisdictions where German and Austrian is aware of the different kinds of criminal legal reaction to repair damage caused by the crime, with the aim of drawing conclusions on the basis of "reparation of criminal damage" and to establish criteria for distinguishing repair relevant for the purposes of criminal liability arising out of the offense.

Author: LEON VELASCO HECTRO ANIBAL DE.
Year: 2004.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: FACULTAT DE DERECHO.
Place of preparation: FACULTAD DE DERECHO/GUATEMALA.

Summary: 1-Concept resort and nature resources as a fundamental right. Sources constitutional and international. 2-Appeal. History. Nature, appellate Spanish special appeal in Guatemala. 3-Review in Spain and Guatemala. 4-Cassation, history, appeal in Spain, Guatemalan appeal. 5, Grounds of appeal in Spain. 6, Grounds in Guatemala, actionable resolutions on appeal. Reasons background, approach and judgment. 7-Proposed new model in Guatemala: appeal for unification of doctrine seat of the supreme court. 8-Present and future of cassation in Guatemala. Present: delay in administration of justice. Future: unification of doctrine and special appeal to review the judgment of first instance. 9-New appeal in Spain: new regulation change on resources and appeal for unifying doctrine.

Author: REQUEJO NAVEROS M. TERESA.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis analyzed from the standpoint jurídico crime of divulging secrets by the medical professional, and states in particular peculiarities that arise over such an offense when the purpose of this secrecy created by the genetic information on the health. The investigation began with a study of the institution of secrecy from a historical perspective, based on ethical its origins in ancient Greece to its conversion into and legal obligation when it is translated for the first time in our history Codes Penale, experiencing uneven development which led him to disappear from our criminal legislation until its recovery by the Criminal Code of 1995. Then, the work makes a brief analysis of the regulation of medical secrecy and its full legislative environment in comparative law, starting with wings regulations supranancionales the purpose. In addition, we study regulacioens two countries in different legal tradition: the United Kingdom and Germany, so that they can appreciate the similarities and differences with our own rules. Work continues with a detailed study of secrecy, with special emphasis on the figure of occupational medicine. To that end, research is divided into two main building blocks. The first one deals with those standards other than the Criminal Code, which affects the regulation medical confidentiality, since our Constitution, with its recognition of the right to privacy and family-either legally protected through secret until the rules on issues health, both of a general nature as referring to specific aspects of medicine. The second block, for its part, considers the medical secrecy in the Criminal Code of 1995. So, after investigating the concept of professional secrecy doctor and analyze its location between privacy offenses in the criminal code, it runs a exegesis of each and every element of the type of article 199.2, regulator of crime Disclosure of trade secrets, which is inserted medical secrecy. To do so, is, first, an analysis of each element of the type of professional secrecy in general, then project the findings to the particular field of medical confidentiality, noting their particularities. To analyze, research focuses on one of the possible contents of the secret; imagination genetics. After a brief presentation of some genetic fundamental concepts, the study shows the specificity of genetic information with respect to other types of medical information, which should compel the legislature to articulate a protection regime more intense this information. Beside that highlights the various conflict situations that arise on the disclosure of genetic information and its proposed solutions. Finally, he stressed the emergence of a new law in need of protection: the right to know and its implications jurídico.

Author: GARCÍA MATEOS M. PURIFICACIÓN.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO , UNIVERSIDAD COMPLUTENSE.

Summary: Â Can be imprisoned without being in prison? Apparently not. However, thanks to the open system may be serving a prison sentence, not necessarily in prison as we know it today. Thus, this paper tries to reflect on the need to develop ways of executing criminal favoring the principles of rehabilitation and resocializacióu who are able, at least, to encourage contact with prisoners with the outside world, they are able to avoid desocialización. A feature definitóna ~ ~ estainvestigación compared to those employing purely conventional techniques is that not only deals with the analysis of the legislation without more, but tries to discover his reflection in reality through data analysis and direct observation of reality. As a result, and in an attempt to know the real extent of the importance that is given to open in the legislation, is shown through the data and its analysis, which does not have achieved the intended objectives, back in year 1979, saw the light when the first law postconsitucional, the General Law Penitentiary. Moreover, the inclusion of the variable "social milieu open" in the investigation> devotes part of the Labor anali7.3rla evolving problem, current situation and future prospects of the establishments where it is feasible to open; Centers Social Integration and Reporting Units. The approach to their problems and their reality, through direct observation and by analyzing speech prisoners serving their sentences in them and the professionals who work in them play, makes a very interesting perspective to think in terms their expectations for the future. But not only seeks to provide an analysis of the open and specific forms of execution, but it provides an approach to another subject that every day becomes more prominent role in the implementation of criminal law: Intervention by the Third Sector. It is interesting to analyze the "curious overlapping" that occurs between the Third Sector (ONGs. and civil associations) and the First (Prison Administration) in the penal execution. This gives rise to the so-called "principle of coejecución" because these groups not only support the Administration in its work tratamental but become coejecutores of the imprisonment along with it. This situation raises interesting thoughts, especially to find out if this approach is an open door to the development of prison policy aimed at the participation of these groups to the detriment of the administration, or why not, a possible exclusivity in implementing criminal.

Author: ARIAS APARICIO MARIA FLOR.
Year: 2004.
University: CÓRDOBA [www.uco.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: With the basic purpose of setting up an appropriate legal framework to protect plants and plant products for the damage caused by pests, as well as to determine a uniform framework for giving legal cover to all applicable rules of plant health , adapt to the many changes that have affected its scope and reflect the nuevasnecesidadesde society, is the adoption of the Ley43/2002, November 20, plant health. The most noteworthy aspect of this new legal framework is provided by the breadth, both by the purposes and the scope, which is designed plant, giving letter to the nature of forr: padispersa and different laws, was a reality. The management sector is not limited to purely phytosanitary but covers all their implícacionese interactions. Indeed, areas such as food security, in their sense of safety of food, or concern about the impact of agriculture on environmental factors have influenced the legal perception of plant, so that the objective of protect plants against harmful organisms to avoid reduced performance and increase crop productivity, not only must not harm, but also has to ensure human and animal health and the environment. Such purposes guide the management of plant both in terms of the principles according to which they agree on the ways and means of pest control, namely prevention and precaution; regard as their own technical proposals with regard to means of reconciling the various interests at stake. In this vein, the action públíca in pest management is aimed at protecting the health of the crop, a sort of defense plant (especially the authorization PPP), to regulate trade in all kinds of cross-field plant to control nivelesde residuosde PPPs.

Author: OLMEDO CASTAÑO JORGE.
Year: 2004.
University: CASTILLA-LA MANCHA [www.uclm.es].
Place of defense: FACULTAD CIENCIAS JURÍDICAS Y SOCIALES.
Place of preparation: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.

Summary: The thesis conducted a study criminology, historical, philosophical and dogmatic of the institution of recidivism in the past two centuries in Spain, which is regulated in article 22.8Â fifth of the Penal Code adopted by LO 10/1995 of 25 November. As a result of putting into question during its existence of this institute is a multidisciplinary analysis of recidivism, especially from the point of view criminology, with the goal of better understanding the recidivist offenders, their personal characteristics, the predictors biological (genetic), psychological and sociological. It is proposed to abolish the aggravating recidivism and the establishment of a Program for the Prevention of Strikes at all levels, according to the classic distinction of primary prevention, secondary and tertiary. At the same time, it is proposed to apply to repeat offenders, along with the penalty legally enforceable, the possibility of a safety net, especially the non-custodial, and primarily those relating to educational programs, cultural, professional and other similar deals are ultimately to realize the content of article 25.2 of the Spanish Constitution on the social reintegration projected on the recidivist.

Author: LOPEZ SANCHEZ JOSE.
Year: 2004.
University: CÓRDOBA [www.uco.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This research work is aimed at studying the discipline from a jurídico, analyzing pretección that has been subjected by the law in different eras taking place since the beginning of military consolidation until today. The military discipline is a computer principle of the Organization of the military and military life, as well as a legal right of vital importance and essentiality whose significance has spoken in the course of history in many ways, but perhaps the most striking is decisive and the fact that, for this character has been subject to special protection by the criminal law, administrative law and procedure. This high level of protection and therefore their standard of what is the difference, as a principle of organization and operation of the discipline of other agencies of the State Administration itself or the private sphere, which operates exist a hierarchical structure and its function based on the principle of division of labor. At present, their role remains essential and momentous but with the full professionalization of the military forces, as well as the changes brought about for our interests etratégicos coincide with the security and defense and restriction of legal specialties to what the National Defense necessary, will his demand protection and decrease both streamlined, so that the latter will focus not on the disappearance, but in the foreseeable possible and reform criminal law and military rationalization and progressive approval with the común.En Secondly, possibly in the demise of the military courts in peacetime, assuming their responsibilities ordinary jurisdiction. Finally, in any event, by charging the Disciplinary ownership necessary that despite reaffirming the principle that the judge should send that will bring paradoxically, the world military to the rest of the administration.

Author: MAGRO SERVET VICENTE.
Year: 2004.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO . UNED..

Summary: We proceeded to conduct an analysis of the evolution that has been followed in our society in recent years in dealing with violence against women. Target Direct, in addition, the latest legislative initiative that has been approved in Parliament on this issue and that is Organic Law 1 / 2004 of December 28, comprehensive protection measures against gender violence, legal text under consideration also in this thesis. It is true, and this is an issue irrefutable- that despite continuous progress of all kinds that have occurred in our society since the year 1983 will begin to try and individually with the problem of violence against women in inside your home or outside the numbers of women who die and those who are assaulted significant improvement and unstoppable. Se trata en la presente tesis doctoral de profundizar en todas aquellas razones y analizar los sectores que están trabajando en la actualidad en un fenómeno que se caracteriza por su tratamiento multidisciplinar. Indeed, although they are members of the Judiciary who make decisions, as precautionary measures or judgments about the content of resolving complaints, provide an effective remedy, it is true that this phenomenon can not be approached only from the viewpoint court, but it is necessary to extend the field of fire to cover the many aspects that make it very different from other types of crimes referred to in our text punitive. Therefore, in this thesis has made a detailed analysis of each and every one of the sectors that are working and have worked to improve the treatment of violence on women, having limited the study to this area, given that, as you can see, the studies prepared by the Council of the Judiciary, the activity developed by the courts, it is evident that at a rate of 92%, victims of domestic violence are women. The present study concludes the breakthroughs that have occurred in recent years in dealing with this phenomenon, but mostly as a result of having seen the same from a multidisciplinary point of view, integrating all sectors and departments of our society, and working from a protocolizado between institutions and operators from different groups working every day. Legislative reforms in recent years have been significant. Therefore, a detailed study is made of all that had occurred and the efforts and progress made. In his, with the last reform adopted by the Organic Law 1 / 2004 adds a system that enhances the previous legislative reforms with the establishment of specialized courts, a system which we launched in Alicante in the year 2001 and with whom we show that this was a major leap in quality.

Author: FERNANDEZ MOLINA ESTHER.
Year: 2004.
University: CASTILLA-LA MANCHA [www.uclm.es].
Place of defense: FACULTAD DERECHO ALBACETE.
Place of preparation: FACULTAD DERECHO DE ALBACETE.

Summary: THE PURPOSE OF THIS IS THESIS analyzing and DELIMITAR WHICH HAS BEEN A MODEL FOR ACTION OF THE JUSTICA JUVENILE IN THE DEMOCRATIC Spain. WITH THE OBJECTIVE IS MAKES A THEORETICAL LEGAL ANALYSIS ON VARIOUS MODELS FOR ACTION TO BE SUCEDIDO IN JUVENILE JUSTICE SYSTEM OF ENGLISH IN THE PAST VEINTICINCO YEARS AND AN ANALYSIS EMPIRICO ON PRACTICAL OF THE DIFFERENT LAWS TO BE SUCEDIDO IN JUZGADOS CHILD OF THE AUTONOMOUS COMMUNITY OF CASTILLA LA MANCHA. THE RESULT OF ANALYSIS REFLEJA THE AMBIVALENCIA OF A SYSTEM THAT IS ALWAYS HAS MOVED BETWEEN EXIGENCIA TO PROVIDE A PUNISHING THE CHILD TO BE COMMITTED AN ACT DELICTIVO AND THE NEED FOR PUNISHMENT TO THIS BE AN EDUCATIONAL PURPOSE. ALSO THIS ANALYSIS EVIDENCE AS ACTUALMENE IS THIS PRODUCENDO THE CONFIGURATION OF A NEW MODEL FOR ACTION TO BE INCORPORATED NEW ELEMENTS TO TRADITIONAL DUAL SPEECH, BETWEEN EDUCATION AND PUNISHMENT, PRESENTING A VISION OF THE CRIMINAL JUSTICE WITH CHILDREN MUCH MORE SOFISTICADA AND THAT COMPLEJA WHAT AGE IS JUST A DÉCADA.