| Revista: | Nova scientia |
| Base de datos: | PERIÓDICA |
| Número de sistema: | 000439636 |
| ISSN: | 2007-0705 |
| Autors: | García Flores, Alan Jair1 |
| Institucions: | 1Universidad Veracruzana, Facultad de Derecho, Jalapa, Veracruz. México |
| Any: | 2020 |
| Període: | May |
| Volum: | 12 |
| Número: | 24 |
| País: | México |
| Idioma: | Español |
| Tipo de documento: | Artículo |
| Enfoque: | Analítico, descriptivo |
| Resumen en español | resumen está disponible en el texto completo |
| Resumen en inglés | As of the establishment of the guarantee system in Mexico proclaimed by the constitutional reform in academic criminal matters in 2008, the rights of the victim as subject of protection of the State were confirmed, for which, the General Victims Law issued in 2013, in its normative design suffers from precision on the subjects obliged to monitor that the granting of integral reparation is guaranteed as a prerogative inherent to the taxpayer or offended of the crime. Likewise, it can be seen that in the reform of the aforementioned legal system in 2017, two serious problems are presented, such as the symbolic protection of the participation of civil society in the actions aimed at completing the integral reparation and blurring the suitability of Commissioner's profile Executive of the National Victim Assistance System, since it legitimates the presence of people who do not possess the academic and / or professional bases to certify the integral reparation to those who suffered the effects of punishable behaviors, a circumstance that does not match the guidelines of a Democratic State of Law. In this situation, the essential elements of traditional public policies are analyzed against public policies with a human rights approach to determine whether, in effect, the current normative design of the state guarantee obligation comprehensive reparation for crime victims is adjusted to the protectionist paradigm promoted through the positivization of human rights in the Political Constitution of the United Mexican States. Introduction: The present document contemplates the dogmatic review of the victim law and its historical evolution in Mexico, through the constitutional reforms generated since 1993, as well as the study of the essential elements of integral reparation and its connection with the fundamental right of dignity human consecrated at federal and international level, in order to lay the analytical basis on the institutionalization of revictimization |
| Disciplines | Derecho |
| Paraules clau: | Derecho penal, Políticas públicas, Víctimas, Reparación integral, Dignidad, Derechos humanos |
| Keyword: | Criminal law, Public policies, Victims, Integral reparation, Dignity, Human rights |
| Text complet: | Texto completo (Ver HTML) Texto completo (Ver PDF) |
