Towards a Rational Legislative Evaluation in Criminal Law

This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts¿ control over criminal acts.

Offers a holistic approach on key evaluation issues

Part I Fundamentals of Policy Evaluation:Alberto Muñoz ArenasTheoretical and Procedural Aspects of the Evaluation of Public Policies.Ana Pérez CepedaCrime Statistics in the European Union.Íñigo Ortiz de Urbina GimenoEconomics as a tool in legislative evaluation: cost-analysis, cost-efficacy and cost-benefit.Part II Comparative Experiences:Samuel Rodríguez FerrándezLegislative Evaluation in Spain: Its Necessary Application in the Approval of Criminal Law Reforms.José Becerra MuñozInstitutional redesign proposal for the preparation of Criminal Policy by the Government. The focus on ex ante evaluations.Manuel Maroto CalatayudCriminal policy Evaluation and rationality in legislative procedure: the example of Sweden.Marta Muñoz de Morales RomeroCodification and Legislative Technique in the United States of America.Andreas HoyerCriminal Law legislation in Germany.Fernando Guanarteme Sánchez-LázaroEvaluation and European Criminal Law: The Evaluation Model of the Commission.Part III Evaluation and axiological validity:Pablo Rando CasermeiroPrejudice and intellectual property. Music theft as an example of empirical measurement of damage.Ana Prieto del PinoThe proportionality principle and its content of rationality in a broad sense: The principle of subsidiarity.Part IV Evaluation and judicial control:Juan Antonio LascuraínConstitutional control of Criminal law.Luís A. Vélez RodríguezControlling the constitutionality of Criminal law against the onslaught of irrational criminal polity.Part V Conclusions:Adán Nieto Martín