When Is an Increase in Criminal Legislation Necessary? Emphasis on Economic Criminality Discussions

Edison Carrasco-Jiménez
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Edison Carrasco-Jiménez: Law School, Universidad de las Américas, Santiago 8320000, Chile

Laws, 2021, vol. 10, issue 3, 1-22

Abstract: The objective of this article is to answer the question of when an increase in criminal legislation is necessary. To this end, a review was conducted on the positions that deal directly or peripherally with increases in criminal legislation, with a focus on how these positions relate to increases, such as the more general positions related to “law and social change”, as well as the more specific positions related to penal inflation and “penal populism”. Special reference will be made to the expansion thesis, which, in general, has been well received in Ibero-America. In the second section of this study, the answer to the question is addressed, considering elements from the “law and social change” approach and Sutherland’s reflections on white-collar criminality.

Keywords: behaviour of the law; increased criminal legislation; criminal inflation; populist punitiveness (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2021
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