Gómez A S
Rass Penititenziaria Crim. 1981 Jul-Dec;3(3-4):343-76.
In this article the Author considers the modern-day and historical situation as regards the administration of justice in Spain, pausing to make a particularly careful analysis of those crimes whose rate of increase, over the past few years, has been the greatest. He runs back over the various stages of Spain's recent history: from the period preceding Franco's regime, during which a multiplicity of criminological theories were developed by Spanish authors, leading to the creation of a school of jurisprudence, in which theory and practice tended toward seeking a balance between freedom and security; through the period of the dictatorship, in which there was a tightening-up of the preceding trend, with a definite predisposition towards security, whether within the State or external to it (to be noted--the Author observes--is that this security in reality is not a guarantee of the lives and liberties of the citizens, but rather only a safeguarding of the State from attacks on its supremacy and power); to the successive period of the democracy, which came about without cruel and revolutionary upsets, but nonetheless has felt for many years the effects of the preceding political climate; criminality is increasing considerably, but the administration of justice is not able to soundly and accurately evaluate it, it having functioned at only 45% efficiency--or so says the Author--up until 1978: the imbalances in the society that can be seen in its passage through the various political regimes are, therefore, present too in the field of criminality; this, in fact, is apparently decreasing (since crimes against the external and internal security of the State are decreasing, as the number of convictions are decreasing); but in reality this criminality is undergoing a strong evolutionary movement, due more than anything else to the fact that the tendency is to give priority to liberty, and no longer to security, as is true in fact of every democratic regime. Even in 1978, when the new regime was by now consolidated and stabilized, the administration of justice had found too stability and balance; the consequences of this are, on the one hand, a decrease in crimes against the state as such, and on the other hand, an increase in the crimes peculiar to a democratic country (such as terrorism, drug-pushing, robbery) committed by ever-younger criminals.
在本文中，作者审视了西班牙司法管理的当代及历史状况，并特别仔细地分析了那些在过去几年中增长速度最快的犯罪类型。他回顾了西班牙近代历史的各个阶段：从佛朗哥政权之前的时期说起，当时西班牙学者提出了多种犯罪学理论，形成了一个法理学流派，在这个流派中，理论与实践倾向于在自由与安全之间寻求平衡；到独裁统治时期，之前的趋势进一步强化，明确倾向于安全，无论是国内安全还是外部安全（作者指出，需要注意的是，这种安全实际上并非公民生命和自由的保障，而仅仅是国家免受对其至高无上地位和权力攻击的一种保护）；再到随后的民主时期，民主的到来没有经历残酷的革命动荡，但多年来仍感受到先前政治氛围的影响；犯罪率大幅上升，但司法管理却无法合理准确地评估犯罪情况，作者称，直到1978年，其运作效率仅为45%左右；因此，在经历不同政治体制的过程中社会中可见的失衡现象，在犯罪领域也同样存在；事实上，犯罪率表面上在下降（因为危害国家内外安全的犯罪在减少，定罪数量也在减少）；但实际上，犯罪正经历着强烈的演变，主要是因为现在倾向于优先考虑自由，而非安全，这在每个民主政权中都是如此。即使在1978年，新政权已经巩固和稳定，司法管理仍未找到足够的稳定性和平衡；其后果一方面是针对国家本身的犯罪减少，另一方面是民主国家特有的犯罪（如恐怖主义、贩毒、抢劫）增加，且犯罪者越来越年轻化。
