Los colectivos identitarios y la tutela penal

Abstract

This study deals with the increasing extensive and intense criminal law protection of legal interests that can in some way be ascribed to identity groups. It begins by identifying the indirect way in which, on most occasions, the legal interests of identity groups are safeguarded in Spanish criminal law. It then analyses the Spanish legislative evolution of recent decades, divided into four periods and a relevant event, which has led to a progressive increase in the number of identity groups whose members enjoy enhanced protection under criminal law. Later, it goes on to question the compatibility of this overprotection with the principles that regulate social crime control, as well as the effect it has on individual interests and their availability. It also looks at the problematic relationship between the interests of these identity groups and general interests and the way in which these identity interests have found their way into the criminal legislative process. It concludes with a set of criminal justice policy proposals strongly related to the conclusions reached