Reflection of the principle of equality in the special part of the new criminal code - expression of globalization

摘要

The principle of equality is ubiquitous in the new criminal code and its guarantee is structured on two directions. The first consists of sanctioning the criminalization of acts which create a situation of inferiority (e. g.: malversation or abetment to discrimination). The second direction involves remedying de facto inequalities materialized into existing offences against vulnerable passive subjects (e.g.: trafficking in vulnerable human beings). The unification of criminal law by recoding it in terms of the broad scope of the principle of equality guarantees a means of constitutionalization of criminal law.