Criminal Law Journall Nº 11 e 12

To the question of punishment—its foundations and limits—which today undeniably stands at the forefront of concerns for all Criminal Law scholars, we devote special emphasis in this issue, featuring two original works of the utmost importance and significance. The first is by Prof. CLAUS ROXIN, on culpability as a limiting criterion of punishment, in which the distinguished master from the University of Munich develops the core ideas that inspired the authors of the German Alternative Draft Penal Code on this matter. The second is by Prof. ENRIQUE CURY, of the Faculty of Law at the Catholic University of Chile—from whom we have previously published other works—demonstrating his refined sensitivity as a jurist in examining this grave problem. These papers were presented at the meeting organized by the Institute of Penal Sciences in Santiago, Chile, in April 1973, to debate the topic.

The doctrinal section concludes with a study by the director of this journal on incitement or assistance to suicide, reexamining and updating the subject from the perspective of the 1969 Penal Code—which no one knows when will enter into force.

In the Commentary and Communications section, we present an analysis conducted by Prof. ANTÔNIO ACIR BREDA, of the Faculty of Law at the University of Paraná, regarding the draft Code of Criminal Procedure. This study was prepared on behalf of the OAB (Paraná Chapter) and the Institute of Lawyers of Paraná, deserving the special attention of those tasked with revising the draft.

We call the reader’s attention to the extensive bibliographic review published in this issue. This is a section that will expand considerably in our upcoming issues, as accurate reporting and critical analysis of new specialized literature constitute a vital task of a scientific publication.

In the jurisprudence section are reports and commentary on several important decisions, highlighted by a note on “aggravated homicide, means and modes of execution” (which provides a comprehensive doctrinal and jurisprudential survey of the subject) and a note by Prof. NILO BATISTA on homicide committed against a sleeping person, featuring an exhaustive examination of the crime’s aggravating classification in such cases.

At the end, we publish the text of new criminal laws and decrees, as well as the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, along with the respective decree ordering its execution and enforcement. This is the Montreal Convention (1971). We also publish the Statement of Reasons (*Exposição de Motivos*) and the ministerial bill amending the 1969 Penal Code, submitted to Congress by the government. This publication forms part of our plan to disseminate all preparatory materials for the new Penal Code—materials of great importance for its study and interpretation.

Starting with its next issue, as announced, this journal will resume its quarterly publication schedule.

Heleno Cláudio Fragoso
Note: This text is an English translation of the original preface published in Portuguese in the Revista de Direito Penal.

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