martes, 19 de enero de 2016

 I HAVE CONSIDERED IMPORTANT TO KNOW THIS MESSAGE FROM THE POPE FRANCIS TO ALL COUNTRIES OF THE WORLD.

Pope Francisco: 'Criminal Law must respect the dignity of the human person'
The Holy Father received the International Association of Penal Law. Trafficking, death penalty, life imprisonment, torture and degrading treatment among the subjects covered
By H. Sergio Mora.

VATICAN CITY, October 23, 2014 (Zenit.org) - The Holy Father Francisco on Thursday received in audience a delegation of the International Association of Penal Law, and said a few words about:
Death penalty, prisoners without trial, finding 'a scapegoat', deplorable prison conditions in much of the world, torture, degrading treatment, human trafficking, slavery, corruption, evil are marked. Instead "respect for human dignity" is indicated by the Pope as the benchmark to set any arbitrary limit.

Among the items found resonance in the media figure "absolute condemnation of the death penalty, which is unacceptable for a Christian." In this context, he also spoke of the so-called '' extrajudicial killings '', ie deliberate killings by some States or their agents and presented as unintended consequence reasonable, necessary and proportionate use of force for law enforcement use.

Also, the Holy Father recalled that the death penalty is used in totalitarian regimes as
'' an instrument of suppression of political dissent or persecution of religious or cultural minorities. ''  He also considered that life imprisonment "is a veiled death penalty".
Another point mentioned by Pope Francis has been the need to adopt legal and political instruments that do not fall into the mythological logic of 'scapegoat', ie.  the individual accused unjustly of misfortunes affecting a community and they are sacrificed .
It also requested to reject the belief that the criminal sanction would get benefits, which in turn are achieved only with the implementation of social policy and social inclusion.

The Pope did not forget prisoners, including prisoners without trial and convicted without trial, arguing that preventive detention, when used improperly is another contemporary form of unlawful punishment hidden beyond legality.
He also referred to the deplorable prison conditions in much of the world, if sometimes due to lack of infrastructure, other is the result of '' arbitrary exercise and ruthless power over the detainees ''.

Francis also spoke of torture and other inhuman and degrading treatment, claiming that tortures today are administered not only as a means to achieve a particular purpose, such as confession or complaint, but they add to the woes pain own arrest.
He noted that the same criminal doctrine has an important responsibility for allowing in certain cases, the legitimization of torture under certain conditions, opening the way for further abuses.

Pope did not forget the application of criminal sanctions to children and elderly condemning its use in both cases, nor certain forms of crime that seriously hurt the dignity of the person and the common good, including human trafficking and slavery, '' recognized as a crime against humanity and a war crime in both international law and in many national laws. ''
Among these forms of crime also he cited the absolute poverty in which more than a billion people live and corruption. '' The scandalous concentration of global wealth is possible because of the connivance of those responsible for public affairs with strong powers. Corruption, is itself a process of death, "he said and added that" a greater evil than sin. A more forgiving evil be cured. ''
'' The caution in applying the  punishment should be the overarching principle of penal systems, "adding that" respect for human dignity must not only act as limit arbitrariness and excesses of State agents, but as targeting criteria for prosecuting and punishing behaviors that represent the most serious attacks on the dignity and integrity of the person. ''

H. Sergio Mora.
He allowed me to publish in this blog the entry, trying to consider it for everyone, not just for lawyers. Prepared by H. Sergio Mora.

Sincerely
Jorge Casas y Sánchez.