Criminal law of the enemy as a strategic mechanism to combat potentially dangerous subjects

Abstract

This article addresses a proposal different from the postulates dictated by the criminal law guarantor, since it revolves around the criminal law of the enemy of the German professor, Günther Jakobs; a legal-criminal treatment of exception, which, from normative functionalism is integrated by a theoretical three-dimensional: person, norm and society. This right of exception acts prospectively; this means that it acts in the future against the risks that may arise in a context where violence has prevailed at exacerbated levels, as is the case of the Mexican State, as a result of the intentional and violent actions of the different groups that make up the criminal phenomenon of Organized Crime. That is why, in this writing, the subject of the criminal law of the enemy is proposed as a strategic mechanism, because it is a highly effective tool -although this does not exempt it from being an extremely dangerous instrument- to confront potentially dangerous subjects who do not perform their behavior to the parameters dictated by law.