Journal of Legal Studies and Criminology

Families with a high level of conflict: Criminological consequences and comprehensive intervention model

Mariela Checa Caruana — 2025-06-30

The main objective of this article is to delve into the emotional, psychological and social consequences and repercussions of high post-breakup conflict, as well as the child-parent violence associated with these cases. At the same time, a proposal is made for a comprehensive intervention program for families in high-intensity conflict based on the Filio Project, with the greater goal of protecting children and adolescents who find themselves in this situation.

The seizure of assets or how to frustrate the enforcement of debts.

Juan Carlos Fitor Miró — 2025-06-30

The offence of concealment of property shows that there are people who try to evade their financial responsibilities and undermine the general interest in an optimal functioning of the credit system. To this end, they often develop fictitious structures to mask the true ownership of their assets. These assets are usually those that have served as collateral to obtain credit or financing to carry out their activities, in principle with a semblance of legality.

The objective of this study is based on the need to know who is affected by the consequences of the aforementioned crime and whether the criminal policies applied are effective. In order to meet the stated objective, a brief explanation of the crime of frustration of execution is given. Then, the results of the study carried out by analysing 172 Supreme Court rulings on this offence will be presented, with a quantitative and qualitative analysis

And, finally, the conclusions drawn by the author from the aforementioned study will be presented.

Factors involved in mass shootings: an analysis of cases in Latin America, 2000-2022

Hediany de Andrade Melo — 2025-06-30

This study examines the factors surrounding mass shootings by focusing on the profiles of perpetrators and the characteristics of the events. To achieve this, two main objectives were pursued. First, a set of variables was developed to capture the following indicators: 1) countries and dates of occurrence; 2) sociodemographic data of the perpetrators; 3) location of the events; 4) motivations; 5) firearms used; 6) number of fatalities; and 7) the outcomes for the perpetrators, with three possible consequences: suicide, death by a third party, or incarceration. Second, these variables were applied to cases in Latin America from 2000 to 2022. The selection of this region is motivated by the prevalence of studies on this topic that focus primarily on the United States, making this analysis of a different geographical area a response to recent research suggesting that mass shootings are a global phenomenon. This is an empirical study using descriptive statistics. Through the results and discussions, it provides a roadmap that helps to understand a type of violence that is difficult to study due to its heterogeneity, while offering necessary pieces to decipher its complex puzzle.

ALASTUEY DOBÓN, Carmen, La expulsión penal y administrativa de los extranjeros condenados, Tirant lo Blanch, Valencia, 2024, 230 páginas

Carlos Fuertes Iglesias — 2025-06-30

This paper offers a critical review of the recent work of Carmen Alastuey Dobon (University of Zaragoza), about the criminal and administrative expulsion of foreigners convicted in Spain. which has been published by the Tirant Lo Blanch publishing house in 2024. The review analyzes the structure of the work, from the author's approach to the legal institution analyzed, through her analysis of current legislation and her conclusions in terms of the future.

PÉREZ MARÍN, Mª Ángeles, La Fiscalía Europea. Fundamentos y competencias del órgano penal de la Unión, Atelier, Barcelona, 2024, 332 páginas

Diego Fierro Rodríguez — 2025-06-30

Restorative Justice and road crashes. An approach in the Spanish context

Guillem Martí Soler — 2025-06-30

This paper aims to justify the appropriateness of addressing road crimes with restorative justice practices, especially those causing victims. It reflects on key features of restorative practices, stressing the way they meet the needs of victims and offenders, and their adaptability to different situations and stages of criminal justice processes. A significant path has been done in theoretical foundation and practical assessment of restorative justice, and more recently it has been boosted in terms of regulation and norms. However, a brief analysis of the current situation in Spain reveals that much more progress can be made in the integration of restorative practices in criminal proceedings.

The offence of harassment in relation to the voluntary termination of pregnancy through Ruling 75/2024 of 8 may of the Spanish Constitutional Court

Cristian Sánchez Benítez — 2025-06-30

This paper will analyse the offence of harassment in relation to the voluntary termination of pregnancy (article 172 quater of the Spanish Criminal Code) through the analysis of the Constitutional Court's Ruling 75/2024 of 8 May, which declared its constitutionality. To do so, we will first analyse the political-criminal reasons that promoted the introduction of the offence, its systematic location and its elements. This will be followed by an examination of the legal basis on which the Appeal of Unconstitutionality was based, presented by fifty-one Members of the Vox Parliamentary Group, before proceeding to a study of the most important aspects of the resolution under analysis. Finally, the work will culminate with a set of final reflections in which an alternative proposal to the controversial offence will be included

Schizophrenia and criminal expectation: disjunctions in the implementation of preventive policies

Rocío Arregui Montoya — 2025-06-30

This paper addresses the complexity of schizophrenia, a serious mental illness that affects the perception, thinking and behaviour of individuals, its comorbidity and its relationship with criminal dangerousness, exploring how preventive policies could mitigate potential risks and what limits criminal law, ethics and patients' rights and autonomy impose on such measures, and what alternatives would exist in the face of antisocial behaviour that denotes future dangerousness of patients and a risk to themselves and to the society in which they should be integrated.

The appeal in criminal proceedings: an attempt to clarify the legal regime of a particularly tangled procedural institute

Salvador Guerrero Palomares — 2025-06-30

The present paper aims to clarify the criminal appeal regime that suffers from considerable fragmentation and regulatory obscurity. The study places special emphasis on a detailed jurisprudential analysis in relation to certain especially problematic issues and tries to formulate reform proposals in certain cases.

The new regulation of the accumulation of actions against a debtor company and its administrator: when jurisprudence shows the way to the legislator

Jaime Algaba Chueca — 2025-06-30

This article analyzes an intriguing episode in procedural judicial practice in Spain, in which the Supreme Court (hereinafter, SC), through a 2012 ruling—later reinforced by multiple decisions, thus creating a solid body of case law—departed from the literal wording of the law to allow the joinder of claims that the law expressly prohibited. Specifically, it permitted the combination of a claim for payment against a debtor commercial company and a claim for liability for corporate debts against its administrator, assigning jurisdiction over such matters to the Commercial Courts. This judicial-normative conflict was ultimately resolved with the 2022 legislative reform of the Civil Procedure Act (hereinafter, CPA), which incorporated, in the second paragraph of Article 73.1.1, the exception endorsed by the courts, thereby eliminating the discrepancy between Law and Case Law. Although the issue itself has thus been resolved, its study remains essential for understanding the significant influence that case law can exert on legislative development and the crucial role that legal practitioners played in this legal transformation. Through a detailed analysis, this paper examines how the Supreme Court, previously alerted by the existing discrepancies in lower court rulings, effectively "compelled" the legislator to amend the legal framework through its interpretation, offering a valuable reflection on the interaction between the branches of government and the evolution of the law.

Animal abuse crime: criminal and administrative boundaries

María Isabel Merino Díaz — 2025-06-30

This article provides a comprehensive analysis of the criminal and administrative limits of animal abuse. To this end and initially, after a brief historical overview of the evolution of the conception of animals and their rights, a contextualisation of the offence of animal abuse in Spain is provided, bearing in mind the reform of this offence in the year 2023. Subsequently, the delimiting parameters between Criminal Law and Administrative Law in relation to animal mistreatment are set out and studied in detail. Finally, some general conclusions are drawn from the contribution.

Presentación

Ana María Rodríguez Tirado — 2025-06-30