EL REGRESO DEL CONCEPTO “SEGURIDAD DEL ESTADO” COMO BIEN JURÍDICO AUTÓNOMO Y UNA CONSECUENCIA: LA PARTICIPACIÓN DE LOS GOBIERNOS EUROPEOS EN LAS DETENCIONES ILEGALES Y TORTURAS PRACTICADAS POR FUNCIONARIOS DE EE.UU.

Abstract

An essential characteristic of the new model of criminal policy is the substitution of the principle of guilt by that of the actor’s potential danger. This old concept of authoritarian criminal law demands that the security of the State be elevated to the category of an autonomous legal-penal good. One of the consequences of elevating the concept of security to the status of a legal good is that danger comes to occupy the role of the basis of repression. This “new” criminal law can be said to hold the subject as emanation of danger, as a risk for the security of the State. We speak then of the singular criminal law of emergency whose aim is to combat dangers, essentially, through security measures; a law in which what is considered is not so much the action as the potential risk for security, and in which certain fundamental rights are restricted in the name of reasons of State. It is precisely this new conception of danger, the result of the return to the criminal law of the actor, which causes the creation of spaces where law is absent, where torture and the absence of guarantees is habitual. The USA criminal model against its “enemies” and the collaboration of the European governments in illegal detentions and torture practiced by USA functionaries is the best example of this.