ULP Law Review : Revista de Direito da ULP, v. 15 n.º 1 (2021)

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http://hdl.handle.net/10437/13150

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    A incriminação do branqueamento em Portugal à luz do direito comunitário : a questão das vantagens licitamente adquiridas no estrangeiro
    (Edições Universitárias Lusófonas, 2021) Cheniaux, Rafael; Faculdade de Direito e Ciência Política
    The present paper focuses on money laundering in Portuguese and European criminal law. In regard to the recycling of property derived from predicate offences committed abroad not constituting illegal activity in the light of the lex loci, the Portuguese Criminal Code seems to present a solution wich is incompatible with the impositions of the Directive (EU) 2018/1673. This study will discuss the discrepancies between the two systems of law in the matter, giving particular attention to the recent transpostion of the aformentioned directive by the Portuguese Parliament, and will conclude that Portugal is not in violation of the European Union law.
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    Kant on Punishment and Criminal Law – Nine Thesis
    (Edições Universitárias Lusófonas, 2021) Renzikowski, Joachim; FL - Faculty of Law
    Kant is generally regarded as a representative of the theory of retaliation. This position is accused as scientific untenable. Supposedly, the idea of retaliation disregards all social purposes and demands punishment even where it was not necessary for the protection of legal interests. In doing so it would lose its social legitimacy. The state was not entitled to realize the “metaphysical idea of justice”. Finally, the idea of guilt which is to retaliate could not alone bear the punishment, because individual guilt was bound to the existence of a freedom of will. But freedom of will could not be proved which made it unsuitable as the sole foundation for state intervention. This view of Kant’s has been widely held since the “Verabschiedung” of Kant by Ulrich Klug in 1968. However, as will be shown below, it has very little to do with Kant. On the contrary: Kant’s Metaphysics of Morals of 1797 5 contains an already quite sophisticated criminal theory of timeless quality. In order to elaborate on them, however, one must not, as is customary, pick out a few passages, but one must take note of the “whole” doctrine of law, in particular Kant’s statements on subjective law, on the abandonment of the law and on the rule of law. The basic features of Kant’s theory of crime will be presented in the following nine theses, backed up by relevant textual evidence.
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    O Direito Penal da Prevenção como resposta ao populismo penal : as emoções públicas como dimensões menosprezadas da política criminal
    (Edições Universitárias Lusófonas, 2021) Caria, Rui; FL - Faculty of Law
    The rise of penal populism has become alarming due to the increase of its supporters and the growing severity of the punishments it demands to turn into law. It takes advantage of political emotions to achieve its goals, channeling fear and anger into proposals for legislations. Today’s criminal policy is guided by the goal of crime prevention, finding strength in the principles of the Constitution and the Democratic State of Law. However, it does not seem to concern itself with public emotion. Giving up the task of channeling public emotion into public policy to populist actors can be regarded as a great danger to Democracy. Our study’s aim is to reflect on the importance of public emotion in a preventive criminal policy as an answer to penal populism. With this in mind, we shall analyze how each one of these frames treats public emotions, highlighting how preventive criminal policy can use positive emotions to strengthen its guiding principles and honor them through legislation. The topic of public emotions has been growing among development policy studies; however, it has not been fully developed in criminal law. In this way, we see our study as one of the first contributions to the development of this view. These can have an influence upon the way we construct penal-dogmatic categories such as guilt, as well as help humanize and individualize sentencing.