Ius puniendi and the Criminal Law of the Enemy: Justice or abuse of punitive power?

Abstract

This article has the dual function of, first, presenting the reader with the complexity that exists for society and the state in the creation of a compliant criminal law in the entrusted task of maintaining security, but respecting human rights for all of us, and how different legislators and jurists have proposed countless ideas and concepts on ius puniendi (punitive power of the state), which are interesting and controversial, but with the sole purpose of creating a criminal justice system suitable for eradicating crime and violence. And second, the function of making a reflective criticism about liberal criminal law as opposed to the criminal law of the enemy, which are ideas converted into criminal law theory, as mentioned above. It is also intended to solve the problem question: to what extent does the criminal law of the enemy represent an expansion of the Ius Puniendi that threatens the fundamental rights of the citizen in a social-democratic state of law?