The Story of Claus Roxin, a Giant in Criminal Law

The Uruguayan legal tradition, influenced by European continental law and with a strong emphasis on the study of criminal law, has embraced Roxin's ideas as part of academic and judicial debates, his works have been published and

distributed through publishers like the Fundación de Cultura Universitaria (FCU), which offers Roxin's books in its catalog, as can be seen on its website.

From his work "Senso e limiti del potere statale" (1966) to his monumental "Derecho Penal. Parte General," Roxin marked a revolution in the way of understanding criminal law. His legacy goes beyond academia: his theories have been key in the design of legislation and in the foundation of historical cases, especially in the prosecution of crimes against humanity.

One of his greatest contributions was the theory of control of the act, which allowed clarifying the criminal responsibility of those who do not materially commit the crime but control it from a position of power.

This theory has been essential for judging political and military leaders responsible for serious human rights violations.

The relationship between criminal dogmatics and criminal policy

Roxin also revolutionized the concept of criminal policy, proposing its integration with criminal dogmatics. His thinking challenged the classical conception of von Liszt, who sharply separated both disciplines. For Roxin, criminal policy is not only a complement to criminal law but also guides its application and evolution.

His stance has been the subject of debate. As José Luis Díez Ripollés has pointed out in his critical analysis, the integration of criminal policy with criminal dogmatics can dilute the epistemological autonomy of both disciplines, turning criminal law scholars into the true legislators of criminal law.

This point is key in the current debate about the role of the jurist in the interpretation and application of the law.

Moreover, his work "Kriminalpolitik und Strafrechtssystem," reissued in Italian after twelve years, continues to arouse great doctrinal interest.

This edition has added essential essays such as "The Problem of Objective Imputation," "The 'Ethical-Social Limitations' of the Right of Self-Defense," and "What Remains of Guilt in Criminal Law?", consolidating its impact on the debate about the systematics of criminal law and the solution of specific legal problems.

Criminal law as an insurmountable limit of criminal policy

The teleological method developed by Roxin surpasses the classical positivist conception, in which criminal law was understood solely as a system of positive norms that had to guarantee certainty and legal security. According to this traditional view, all assessments of the fight against crime and the demands of the social state should belong exclusively to criminal policy as a social science.

However, Roxin argues that criminal law represents the insurmountable limit of criminal policy. This means that political-criminal decisions can't exceed certain essential principles, such as the need for clear, pre-existing, and precise norms.

His approach rejects the essentialization of criminal law for purely deterrent or preventive purposes that could sacrifice the real offensiveness of the criminal act in favor of imponderable political-criminal demands.

This way, Roxin consolidated a guarantee-based vision of criminal law, preventing the punitive power of the State from acting without limits. His work emphasizes that criminal law is not just a tool of social control but also an essential guarantee against the arbitrary exercise of power.

Collaboration with Ferrando Mantovani

In addition to his contributions to the theory of crime and criminal policy, Roxin collaborated with Ferrando Mantovani, my tutor and a great master of criminal law, in various investigations and reflections on modern criminal law. Mantovani, like Roxin, was a reference in the study of criminal dogmatics and criminal policy, consolidating a school of legal thought with a guarantee-based approach.

Roxin distinguished himself by his ability to dialogue with criminal law scholars from various legal traditions, transcending borders and consolidating a global influence in criminal science. In a context of legal globalization and challenges to essential rights, his thinking remains a beacon guiding the development of modern criminal law.

The influence of Claus Roxin is not limited to his legal theories. His work has left an indelible mark on modern criminal law and will continue to be a mandatory reference for future generations. His thinking has transcended the academic realm and has directly influenced the development of national and international legislation.

Roxin was awarded the title of Doctor honoris causa at universities around the world, including Hanyang, Urbino, Coimbra, Madrid, Barcelona, Athens, and the State University of Milan. He was co-author of the "Alternativ-Entwürfe" (1966-1996) for the reform of the German penal law and author of an extensive legal work, among which "Täterschaft und Ththerrschaft" (1963), "Politica criminal y sistema del derecho penal" (1970), "Introducción al derecho penal" (1983), "Derecho procesal penal" (1967), and "La posición de la víctima en el sistema penal" (1988) stand out.

The reissue of "Kriminalpolitik und Strafrechtssystem" and the added essays highlight the cultural and doctrinal value of his work, revealing the deep interrelation between criminal policy and criminal law. Roxin's method has not only illuminated criminal science but has also provided critical tools to evaluate the conformity of legal norms with the principles of the social rule of law.

Claus Roxin was much more than a jurist: he was an architect of modern criminal law. His integration of criminal policy with criminal dogmatics, his defense of a functional criminal system, and his fight for more equitable justice make him an unavoidable reference.

In tumultuous times like the present, where criminal law faces unprecedented challenges, Roxin's thinking takes on renewed relevance. His ability to open criminal dogmatics to global thought and his collaboration with great jurists like Ferrando Mantovani consolidate his role as a pillar of guarantee-based criminal law.

Criminal law owes much to Roxin, and his legacy will continue to guide the future of the discipline.