About the necessity of moral valoration in the criminal law: the problem in the application of some crimes against individual freedom

Abstract

This paper is proposing to reflect the explicit moral valoration in the field of Criminal Law. To do this, there will be taken as examples four existing crimes in Argentine Criminal Law, and the specific characteristics that affect individual freedom. They are illegal deprivation of liberty (Argentine Venal Code, article 141); abduction (Argentine Venal Code, article 142 bis); abduction of ten years old minors (Argentine Venal Code, article 146); and kidnapping (Argentine Venal Code, article 130). For the purposes above, the different factual situations that can be comprehensives for such offenses, will be analyzed in their corresponding actus reus.