Criminology: Science or Auxiliary Discipline?

Abstract

The criminal phenomenon constitutes one of the most delicate study elements of Dogmatics. Penal Code, by virtue of which, attention is paid to an evolution of thought that attributes to the active subject of the crime the category of abnormal, crazy or phenomenon - in its first studies - until considering it a subject of rights that must not only be studied under a bio-psycho-social approach, but also criminologist must also consider the role of the State in the face of such delicate behaviors antisocial. Likewise, based on the constitutional reform in criminal matters of 2008, a guarantee system is established that protects the victim, the offended and the offender. The obligation of the Mexican authorities is to promote, respect and guarantee the fundamental rights of the governed, which is why it is necessary to analyze each specific case under strict adherence to the constitutional principles in criminal matters, namely: nouns, adjectives and executives. , of which the principle of legality is a key piece. From the above, it is argued that Criminal Dogmatics, understood as the scientific study of Criminal Law, is divided into theory of punishment, theory of crime and theory of the offender, and it is precisely the latter that is responsible for the study of the causes that motivated the subject to commit a crime, that is, its object of study is, in effect, the active subject of the crime.