Tratamiento jurisprudencial de la prisión permanente revisable

Resumo

This paper has examined the legal regime of revisable permanent imprisonment on the basis of the jurisprudence developed around the controversial elements of the regulation and a descriptive study has been carried out of the data offered by the casuistry on the facts that led to the imposition of the sentence, those sentenced to it and its victims. This was done by analysing the proven facts and legal bases of the rulings (obtained from CENDOJ and Westlaw) corresponding to the 35 proceedings in which the sentence was imposed, from 1 July 2015 to 31 December 2022. Reading them has allowed us to understand the criminological and victimological profiles of the persons involved in the offences punished with the penalty and to highlight problematic jurisprudential positions and contradictory interpretative criteria. This is why it is proposed at the end of this study to adopt other interpretation criteria and to reform the regulation in order to resolve the problems detected and not satisfactorily resolved by the courts.