Brief approaches to the question of guilt and criminal liability in the light of cultural criminology

Abstract

In this article, I intend to debate the question of the interiorization (or not) of guilt, through the observation of the debates as custom against legem or “mistaken of culturally conditioned comprehension” under a perspective of the cultural, with a specific focus on a spiritual belief of a group of non-national individuals. This analysis raises questions that currently challenge criminologists on a globalized world. The objective is to highlight certain aspects of a few criminological theories, that may be applied to questions concerning foreign nationals and/or to cultural diversity. I will deep in specific questions on cultural criminology, addressing issues that currently arise, due to cultural differences vs. “deviant” behaviours and potentially considered a crime. I will address the debate of the custom against legem, among others, from a penal perspective, considering the question of the possible internalization of guilt by foreign-national agents of crimes. I will illustrate these reflections with a concrete case that gives rise to considerations in an increasingly globalized world.