Abstract

VIDAL, Tania Muñoa  and  VILLACRESES PALOMEQUE., Jorge Luis. The principle of favorability beyond the quantum of the criminal sanction. Revista San Gregorio [online]. 2022, vol.1, n.51, pp.231-248. ISSN 2528-7907.  https://doi.org/10.36097/rsan.v0i51.2162.

This article of theoretical reflection analyzes the principle of favorability in the criminal process, by virtue of the fact that the doctrine and the legal norm restrict the scope of application of the law more favorable to cases of conflicts between current laws or successive laws with respect to the moment of the commission of the crime, and only gives meaning to favorability in the relationship between the terms of the sentence from its quantitative aspect. The qualitative research approach, through documentary and bibliographic review, with legal support in inductive-deductive, analysis and synthesis, and exegetical methods, allowed theoretical reflection on the subject. The results show the validation of what the author affirmed regarding considering that favorability issues should not only reach the conflict of norms to be resolved from the assessment of the quantum of the sentence, but also other legal institutions of a substantive and adjective nature. What concluded that the vision of the principle of favorability contracted only to the application of the most benign penalty, limits the rights of the passive subject of the criminal process if its application does not extend beyond the assessment of the quantum of the penalty.

Keywords : Favorability; benign penalty; beginning; quantum of the penalty; succession of laws..

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