PERPETRATORS AND PARTICIPANTS IN THE DRUGS TRAFFICKING: OFFENDERS OR ENEMIES?

Abstract

The theoretical position of Günther Jakobs on the criminal law of the enemies has been analyzed and constantly criticized during the last decade. The use of the enemy concept has been generali zed, howeve r, in many occasions this it is not faithful to that outlined by the author. In specifi c, when this topic is approached fears of the drug traffi c, it is considered all who participate in this illicit marke t as enemies, endorsing a crash treatment that it puts in check the protection of the human rights. In the following lines, it will be tried to approach the posture outlined by Jakobs conceptually, to determine if their enemy notion embraces all the participants of the traffi c of illicit substances or although corresponds to make an or more differentiations, with the objective of, inside the same line of thought of german, to give a dive rse treatment to those who respond to the parameters of the enemy concept in front of who it is to the margin.