Criminal law of the enemy and its counterposition with the criminal law of the citizen

Abstract

This article has as main interest to analyze the criminal law of the enemy and its opposition to the criminal law of the citizen. This seeks to explain citizen behavior before these two rights, which studies the individual behavior before an organization or a social conglomerate, where the individual for their own reasons abandons the right, transgresses the established norms, this would give rise to a citizen enemy that will be produced through recidivism and through the transgression of established rules. The criminal law of the citizen violates the established norms but is not considered an enemy of that country; it is simply a transgressor of the norms. The approach of the subject was developed based on the subjective approach of Kant, from the gnoseological, ontological and axiological edges. The applied methodology is based on the Grounded Theory. In conclusion, it can be said that the criminal law of the enemy studies the individual behavior before an organization or a social conglomerate, where the individual for his own reasons abandons the right, transgresses the established norms, this would give rise to an enemy citizen that will be produced by the recidivism and through the transgression of the established rules, instead the criminal law of the citizen seeks the protection of society in general.