Legislative Penal Policy. A Proposal of re-codification of the valid Penal Law in Cuba

Abstract

What is a legislative policy? What is a policy of Law? How to use these concepts for the analysis of a specific sector of the legal system? In this paper the author puts forward an answer to these questions and relates them to the study of the Penal Law valid in Cuba, with the objective of identifying the main elements that, from the theoretical, methodological and of the legislative technique point of view should be considered in a future reform of this sector of the legal system. This work ends with a proposal of re-codification as an alternative to eliminate many uncertainties that surround the legislative policy in penal matter.