Journal of Law of the Faculty of Legal and Social Sciences 2020-01-29T04:05:41+00:00 Dr. ORLANDO MEJÍA HERRERA Open Journal Systems <p align="justify">The Journal of Law of the Faculty of Legal and Social Sciences of the UNAN-León, is a scientific journal where the research of its academics is published, as well as those of other national and international researchers specialists or experts from the different branches of Law .</p> <p align="justify">Created in 1812 by the Cortes de Cádiz and officially installed in 1816, the current UNAN-León was the second University of Central America and the last one of America founded during the last days of the Spanish colony.</p> <p align="justify">Doctors Tomás Ruíz, Agustín Ayestas and Nicolás García Jerez are considered the founders of the University of León whose initial motto was Sic itur ad astra (for this route to the stars), a motto that still remains written in the main entrance of the current building of its bicentennial Faculty of Legal and Social Sciences, generally known as Faculty of Law.</p> <p>Since its inception, the Faculty Law of UNAN-León has been deserving of great respect and prestige as a result of the great contribution it has made and is making in favor of the progress of Nicaraguan society, since its classrooms have been formed in numerous professionals and leaders who have influenced the development of the country and the Central American region.</p> <p>At present, the UNAN-León is in a process of self-evaluation and constant improvement of the main functions that characterize a modern university, such as: teaching, research and social projection; and it is precisely in this process that the project for the creation of a Law Journal of the Faculty of Legal and Social Sciences is inserted, which pursues the main objective of increasing productivity in quality scientific research in legal matters, articulating the product of research with pre and postgraduate teaching and projecting towards society in the search of improving the quality of life levels of Central Americans in general and Nicaraguans in particular.</p> <p>In this year 2015 almost 40 years have passed since the Faculty of Law stopped publishing its magazine in which the investigations of its most emblematic teachers, illustrious jurists and academics who inherited their valuable knowledge product of the study, research, were divulged. and the experience itself. That is why, with this project, it is also intended to rescue and promote the research vocation of our current teachers, a vocation that is demanded by the nature of our profession, by our University and by society.</p> <p align="justify">Therefore, the Journal of the Faculty of Legal and Social Sciences of the UNAN-León, intends to serve as an incentive and showcase mainly for the scientific and research work of its teachers, but it will also be open to research jurists from other universities in our country, from Central America and other countries that wish to collaborate and enrich with their contributions to our magazine in its second stage in electronic format.</p> Presentation of the Special Volume of Criminal Law and Criminal Procedure Law (2019), by Dr. Orlando Mejía Herrera, Executive Secretary of the Law Magazine of the Faculty of Legal and Social Sciences of UNAN-León. 2019-11-14T03:50:57+00:00 Orlando José Mejía Herrera <p>Presentation of the Special Volume of Criminal Law and Criminal Procedure Law (2019)</p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## Presentation of the articles of the I special volume on Criminal Law and Criminal Procedure Law of the Law Review 2019-11-15T04:13:02+00:00 Marcelo A. Castillo Monterrey <p><strong>Presentación de los artículos del volumen especial I sobre Derecho penal y Derecho procesal penal.&nbsp;</strong></p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## Remarks by Mr. Vice-Rector for External Relations of UNAN-León, greeting and welcome to the Keynote Conference “Criminal Law in the 21st Century” delivered by Eugenio Raúl Zaffaroni 2019-11-15T04:47:11+00:00 Ángel Sánchez Cruz <p><strong>Palabras de saludo y bienvenida a la Conferencia Magistral “El Derecho penal en el siglo XXI” dictada por Raúl Eugenio Zaffaroni</strong></p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## PRESENTATION AND THANKS TO EUGENIO RAÚL ZAFFARONI 2019-11-15T05:16:06+00:00 Marcelo A. Castillo Monterrey <pre id="tw-target-text" class="tw-data-text tw-text-large tw-ta" dir="ltr" data-placeholder="Traducción">&nbsp;</pre> 2019-11-14T00:00:00+00:00 ##submission.copyrightStatement## THE CRIMINAL LAW IN THE 21ST CENTURY 2020-01-29T03:58:17+00:00 Eugenio Raúl Zaffaroni <pre id="tw-target-text" class="tw-data-text tw-text-large tw-ta" dir="ltr" data-placeholder="Traducción"><span lang="en" tabindex="0">Transcript of the Keynote Conference “Criminal Law in the 21st Century”, given by Prof. Dr. Dr. h.c. mult. Eugenio Raúl Zaffaroni, Integral Judge of the Inter-American Court of Human Rights, in the Paraninfo of the National Autonomous University of Nicaragua (UNAN-León) as part of the cycle of conferences of the Professional Master's Program in Criminal Law and Criminal Procedure Law of the same university, on May 29, 2017 in León, Nicaragua</span></pre> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## The criminal responsibility of the Nicaraguan notary in the exercise of his function 2020-01-29T03:51:44+00:00 Vilma Idalia Agüero Alaniz <p><em>One of the crimes that constitutes the criminal responsibility of the Nicaraguan notary is the crime of ideological falsification, which may be committed by him in the exercise of his function and in which the material object on which his illegality falls is the public document. The notary is a public official and is defined by the Law of Notaries as a minister of public faith, thus becoming a guarantor of the legal security pursued by the legal traffic. Thus, public faith is considered by our jurisprudence as truth of an official nature that we are all obliged to accept, unless it is fully demonstrated in court that the notary has incurred any falsehood.</em></p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## Protection of industrial property within the framework of business activity in light of Nicaraguan criminal legislation: special reference to the crime of illegal commercial use of trademarks and other signs 2020-01-29T03:52:57+00:00 Jessica Alexandra Flores Páiz <p><em>The Thesis makes an analysis about the protection of the Intellectual property, with emphasis in the criminal tutelage of the Industrial property, from the perspective of business activity or commerce in our country. In order to study the criminal tutelage of the Industrial property in Nicaragua, it has been done a series of reviews of the special extra-penal norms that regulate them, likewise the review of other branches of the law that have direct relationship with the law of Intellectual property and Industrial, and finally the analysis of the commonalities of the related offenses to the Industrial property. It is a study that show the general panorama of the protection that the juridic order offer to the immaterial property owners that have been created&nbsp;from the core of the business activity, and the relevance of the registry of intangibles deeds as a fundamental requirement in order to enjoy in full the rights given by the Intellectual property or Industrial.</em></p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## The confiscation as an instrument for the recovery of assets resulting from the crime of money laundering in Nicaraguan criminal law 2020-01-29T03:55:01+00:00 Jean Dylan Rivas Falcón <p><em>To combat transnational organized crime, the States focus their efforts target the economic aspect of organized crime, this being the new strategy of criminal policy. To achieve this, confiscation, considered a sui generis measure, acquires relevance and becomes the effective instrument to recover assets of illegal origin. Falling on the instruments, products and proceeds of crime. In this article, a concept of confiscation will be determined after the analysis of comparative legislations and supranational norms, as well as the different modalities of confiscation and its legal nature. Will be addressed confiscation and its compatibility with the limits of the ius puniendi. Likewise, the confiscation and its regulation in Nicaraguan criminal law and will be analyzed the confiscation as an instrument for the recovery of assets resulting from money laundering in Nicaraguan criminal legislation.</em></p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## The need for a law on criminal liability of legal persons: substantive and procedural aspects 2020-01-29T04:01:34+00:00 Juan Pablo Medina Arostegui <p><em>The present work addresses the need to create a law of criminal responsibility of legal persons, justifying criminal political reasons such as legislative changes at the international level and the growing business crime, which in recent decades has caused problems in Nicaragua of socioeconomic order. Economic crime has infiltrated public administrations, the current model of accessory consequences and the formula of acting on behalf of another is insufficient, due to the nature of such measures and their lack of definition, being necessary the model of criminal responsibility corporate These issues are dealt with in this article, through an analysis of their sources of criminal charges, their two models of criminal responsibility, crime prevention models (criminal compliance) and the controversial figure of the compliance officer, having as reference the Spanish experience.</em></p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## Criminal policy adopted by Nicaragua to prevent and punish crimes of gender violence 2020-01-29T04:02:35+00:00 Miriam Rojas Rojas <p><em>Gender violence and violence against women constitutes a serious problem that affects society as a whole. The purpose of this investigation is to analyze the importance of the criminal policy adopted by Nicaragua to prevent and punish the crimes of gender violence and violence against women in its different manifestations, in accordance with Law number 779 and its Regulation. </em><em>This investigation </em><em>includes</em><em> definitions and concepts of national legislation, binding international legal instruments for Nicaragua and </em><em>doctrinal criteria of different</em><em> authors</em><em> who</em><em> conceptualize</em><em>s</em><em> about criminal policy, human rights, gender violence and violence against women. </em><em>It concludes with the evident need for a possible reform of Law number 779 and the rethinking of strategies in public policies to prevent and sanction gender violence and violence against women.</em></p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## Sexting and sextorsion according to Law No. 779, Comprehensive Law Against Violence Towards Women 2020-01-29T04:03:49+00:00 Isamara Valeska Vargas Urbina <p><em>In the face of the advancement of ICTs, behaviors arise that although they are not new, but they bring different modalities in terms of their commission, as is the case of sexting and sextortion. Currently in Nicaragua, there is an apparent lack of information regarding these behaviors and even more so when it is done within the framework of emotional relations. This article defines the sexting and sextortion and the legal treatment that is given in appearance, this with a gender violence approach, so that the specialized law will be analyzed law 779, comprehensive law against violence against women and of reforms to the Law no 641, Penal code.</em></p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## Analysis of the murder crime: special reference to the circumstances of crime and cruelty regarding the entry into force of Law No. 952 2020-01-29T04:04:45+00:00 Fernando Sinar Tercero López <p><em>The article proposes an analysis of the crime of murder, in particular reference to the circumstances of treachery and cruelty, with regard to the entry into force of Law No. 952. Starting from identifying some problematic aspects or successes that can be generated, in reference to the new qualifying circumstances of the murder introduced by Law No. 952.&nbsp; However, I have understood that the legislator has involuted his criteria regarding the configurative circumstances of the crime of murder, which makes it strictly criticizable from the criminal political approach that entails the current configuration of this typical figure with respect to the current phenomenon, which seeks to encompass Through this analysis, with it, seek the best knowledge, interpretation and application in the criminal justice system.</em></p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement## Legal treatment applied to those deprived of liberty under the administration of the Nicaraguan prison system 2020-01-29T04:05:41+00:00 Mirna Alejandra Escoto Gutiérrez <p><em>This investigation holds the different judiciary-criminological approaches enforced on people convicted under the Nicaraguan Prison System [Régimen del Sistema Penitenciario Nicaragüense]. Over the last years, violations to liberty have led to an increase of assimilation of prison subcultures [prisionalización], as well as growing stigmatisation and labling. Prisons should not only act as a centre of custody, but should also operate as a system that provides treatment to those convicted, preparing them to be reinstated to society as functional members.</em></p> 2019-11-15T00:00:00+00:00 ##submission.copyrightStatement##