Ejercicio del ius puniendi como mecanismo de control social: la visión del enemigo y del combatiente ilegal en el Derecho Penal.

Liliana Vaudo

doi:10.58479/almanaque.2025.63

The exercise of ius puniendi as a mechanism of social control: the view of the enemy and the unlawful combatant in Criminal Law.

Authors

Liliana Vaudo Universidad Metropolitana de Caracas (Venezuela)

DOI:

https://doi.org/10.58479/almanaque.2025.63

Keywords:

criminal system, enemy, criminalization, structural functionalism, legal persons, businessmen

Abstract

The exercise of ius puniendi — the pursuit and punishment of behaviors whose severity threatens the peace and security of society — constitutes a form of formal social control. Our positive legal system still retains its classical framework, within which the principle is enshrined that no one may be prosecuted or punished except for crimes and penalties that are expressly established by legal norms, leaving no room for interpretation, in order to guarantee legal certainty and the protection of rights and interests. Over the past 20 years under an accusatory criminal process, it has been observed that, although it initially sought the fair and transparent prosecution of individuals, over time this objective has become illusory due to the erosion of procedural guarantees, reflected in the increase of criminal offenses and harsher penalties.

Author Biography

Liliana Vaudo, Universidad Metropolitana de Caracas (Venezuela)

Doctor of Science with a specialization in Law from the Central University of Venezuela (2014), Specialist in Procedural Law from the Central University of Venezuela (2004), and Specialist in Criminal and Criminological Sciences (1989) from the Central University of Venezuela. Former sitting judge (1989–2009), Full Professor and Researcher at Universidad Metropolitana, Venezuela, teaching at both undergraduate and postgraduate levels. She is the Executive Director of the Corporate Law Observatory at Universidad Metropolitana, Venezuela, and coordinates the Research Line on Responsibility, Compliance, and Good Business Practices. Additionally, she is the author of numerous published articles and books and is currently leading two research projects with the Research Directorate of Universidad Metropolitana.

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Published

2025-06-28

How to Cite

Vaudo, L. (2025). The exercise of ius puniendi as a mechanism of social control: the view of the enemy and the unlawful combatant in Criminal Law. ALMANAQUE, (45), 137–158. https://doi.org/10.58479/almanaque.2025.63

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Issue

No. 45 (2025)

Section

Artículos

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