Coca Vila, IvóIrarrázaval Zaldíva, Cristián2023-07-262023-07-262022Coca-Vila I, Irarrázaval C. A criminal law for semicitizens. J Appl Philos. 2022;39(1):56-72. DOI: 10.1111/japp.125340264-3758http://hdl.handle.net/10230/57667A significant number of influential philosophical theorists of punishment argue that only those who enjoy the status of citizenship in a political community can legitimately be punished by that polity. Yet, the strength of this approach wanes when these scholars treat individuals who clearly do not respond to their idealised conception of citizenship (such as asylum seekers, disenfranchised offenders, and tourists) as if they were fully fledged citizens. This article argues that ‘citizen criminal law’ can only be theoretically feasible in today's world if it abandons the binary position between ‘full citizens’ and ‘noncitizens’ and recognises the everlasting presence of certain types of ‘semicitizens’. Thus, citizenship should be conceived as a scalar phenomenon. Based on a typological approach to the different forms of semicitizenship, we argue that the strength of the political bond between offenders and the political community must be considered when gauging punishment severity. The weaker the bond, the more lenient the punishment should be.application/pdfeng© 2021 The Authors. Journal of Applied Philosophy published by John Wiley & Sons Ltd on behalf of Society for Applied Philosophy. This is an open access article under the terms of the Creative Commons Attribution-NonCommercial License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited and is not used for commercial purposes.NacionalitatDret penal -- LegislacióA criminal law for semicitizensinfo:eu-repo/semantics/articlehttp://dx.doi.org/10.1111/japp.12534info:eu-repo/semantics/openAccess