EL PRINCIPIO DE FAVORABILIDAD Y EL DELITO DE SUSTANCIAS ESTUPEFACIENTES Y PSICOTRÓPICAS

Abstract

With the validity of the COIP de crime of production or illegal trafficking of substances categorized to inquiry, complied by the table elaborated by the CONSEP. This categorization is considered as a complementary law, because it needs an extra penal law to be completed. Because the penalty has reduced quite, it has to submit to the application of the principle of favoring to reduce or extinguish the punishment imposed in the previous law. The problem eradicates in the fact that there are existing theories in favor and against the application of this principle to a complementary law, and to know if it can be used or not, some analysis has to be done. First, to establish if the complementary law is considered a principal one, so it can be benefit from the principle of favoring. And then, analyzing the purpose of protection to the norm. It will only apply if the legal well still causes a risk for the society.