Bibliographic citations
Mazmela, M., (2024). El principio de favorabilidad de la ley penal en las agravantes del delito de organización criminal [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/33972
Mazmela, M., El principio de favorabilidad de la ley penal en las agravantes del delito de organización criminal [Tesis]. PE: Universidad Privada Antenor Orrego; 2024. https://hdl.handle.net/20.500.12759/33972
@mastersthesis{renati/381927,
title = "El principio de favorabilidad de la ley penal en las agravantes del delito de organización criminal",
author = "Mazmela Anticona, Mariana Victoria",
publisher = "Universidad Privada Antenor Orrego",
year = "2024"
}
This investigation sought to unify the various contradictory pronouncements issued by the different jurisdictional organs at the national level regarding the effects of the most favorable criminal law on final sentences in execution , in response to requests by the appellants for the adjustment and replacement of penalties in relation to the aggravating circumstances of the offence of criminal organization, which must be evaluated and defined on the basis of normative criteria in accordance with the principle of the favorability of criminal law. In order to achieve this legal investigation, first of all, as a theoretical framework, the crime of criminal organization was developed with its general scope and the normative regulation over time, emphasizing this last point, since it served as an analysis framework for determine the most favorable criminal law. Second, the principle of favorability of criminal law was developed. In the same way, the contradictory pronouncements on the aggravating factors of the crime of criminal organization were addressed, explaining the position in favor and the position against according to the different judicial resolutions subject of analysis. To achieve the purpose of the study, various methods were used, highlighting the exegetical method, as the present investigation is based on the study of legal texts due to the existence of discrepancies regarding the legislative modifications of article 317 of the CP, prioritizing a regulated and non-arbitrary interpretation. Within this perspective, it was determined whether we are dealing with a tacit or express derogation of the penal norm of article 317 of the Criminal Code, in which the later norm would prevail in time because it is a law more favorable to the convicted person or, if due to the On the contrary, the aggravating circumstances of article 317 of the Criminal Code remain within the regulation of the crime of criminal organization, since it is included within its purpose (intended to commit crimes); in such a way that, it was possible to unify the criterion of normative interpretation.
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