On the intensive phenomenon of the legal exclusion of the enemies. Special Reference to the Spanish revisable permanent prison

Abstract

This article discusses the main characteristics of the phenomenon known as «criminal Law of the Enemy». Likewise, with the purpose of identifying the elements for which the Spanish lifetime imprisonment must be rejected, given that it is a response incompatible with the democratic political-criminal model, are described the most relevant elements of this new penalty. Finally, it is concluded that this penalty constitutes the paradigmatic example of criminal Law of the Enemy because it is a punitive reaction aimed at intensifying in perpetuity the selective and discriminatory treatment that terrorists and murderers were already receiving, the most characteristic enemies from public opinion, the media and the legislator.