Impunity

Abstract

The author presents the problem of the impunity phenomenon not as an exceptional but as an ordinary one in daily life and not only referred to the crimes against humanity. In daily life impunity reaches a high impact being more habitual but less visible than in cases of macro criminality. Impunity can be recognized not only in the absence of punishment but in the absent of rules. Thus, the scope of impunity is better identified or connected to the questions of what should we punish than the concrete absent of punishment in the situation. Consequently, impunity covers those situations where the Legislator should have decided to intervene by creating norms, and finally it did not. The iure impunity strategy can be focused either in the absence of Law, or in case of regulation, in the concrete manner of making the rules or defining its applicability. Together with it, the Legislator can decide to proclaim extraordinary measures as prescription or expiration which result very difficult to avoid, taking into consideration the peculiarity of the punitive structures, or the exceptional ones as pardon or amnesty.