FACULTY OF LAW AND POLITICAL SCIENCE

PROFESSIONAL SCHOOL OF LAW

THEME:

PENITENTIARY LAW

TEACHER:

MG. ROSMERY FLORES COILA

COURSE:

ENGLISH I

STUDENTS:

DIAZ VILLAR, CARLOS CESAR

PADILLA DIAZ, JOSELYN

Nombre del otro compañero

CAÑETE – LIMA – PERÚ

 PENITENTIARY LAW

The Penitentiary Law can be defined as the set of norms regulating the
penitentiary activity directed to the execution of sentences and deprivation of
liberty with the purpose of achieving the reeducation and social reinsertion of the
sentenced persons, as well as of the juridical relation that emerges as
consequence of the detention of detainees and prisoners.

I. NATURE

There are different positions in the doctrine about the nature of Penitentiary Law
ranging from those who defend their autonomy within the legal system, to those
who consider that it is part of Criminal Law, Procedural Law or even
Administrative Law. A) Yes:

 - For criminal lawyers it is a part of Criminal Law that deals with the
execution of custodial sentences. It would complete the set of regulatory
norms of the punitive Law: crimes, penalties and measures depriving of
liberty and their execution would complete the content of Criminal Law.
 - For some authors of Administrative Law, the activity of the Penitentiary
Administration is part of the activity of the Public Administration and,
therefore, the regulations that regulate this activity must be considered as
belonging to the Administrative Law.
 - Gradually the thesis of the autonomy of the Penitentiary Law is opening
up for three fundamental reasons:
o 1. Because of the sources. The norms that regulate the prison legal
relationship constitute a body of independent norms of those that
establish the crimes and penalties (Substantive Criminal Law) and
of those that regulate the procedure (Procedural Law).
o 2. Because of the matter. The legal-penitentiary relationship, as it
implies the permanence of a series of rights, the birth of others in
front of the Prison Administration, the appearance of duties and the
cutting or limitation of other rights, constitutes a specific matter that
requires normative and doctrinal treatment autonomous.
o 3. Because of the jurisdiction. It is attributed to a specific body, the
Penitentiary Surveillance Judge or Sentence Enforcement Court, to
ensure strict compliance with the rules and protection of the
weakest part of the legal relationship (the incarcerated).
II. PENITENTIARY LAW-PENITENTIARY SCIENCE

In the century XIX the widespread application of custodial sentences gave rise,
fundamentally in France, to the so-called "penitentiary science" integrated by the
body of knowledge related to custodial sentences, their organization and their
application. This knowledge includes both the normative type and the empirical
type (sociological, anthropological, psychological or other social sciences)
relating to sentences and custodial measures.