Penal Code

Criminal law is understood as the branch of law that “is in charge of regulating and conceiving the punitive capacities”, that is, of punishment, reserved by the State for those who violate the rules of coexistence or conduct, always based on a principle of proportionality and impartiality. When we speak of criminal law, the term is used with different meanings, depending on what we wish to refer to; thus, we may speak of substantive criminal law on the one hand and, on the other, of adjective or procedural criminal law.[citation needed].

The first of these is constituted by what is generally recognized as the criminal code or substantive criminal laws, which are the rules enacted by the State, which establish the crimes and penalties, while criminal procedural law is the set of rules intended to establish the mode of application of the same.[citation needed]

Criminal law is the legal knowledge that establishes the principles for the creation, interpretation and thus execute the application of criminal laws (even to private cases); it proposes to judges a guiding system for their decisions, which contains and reduces the punitive power to promote the progress of the constitutional rule of law.[2][2

How is criminal law applied?

The Federal Criminal Code applies throughout the Republic for: crimes of the federal order; crimes that are initiated, prepared or committed abroad, when they produce or are intended to produce effects throughout the territory of the Republic; crimes that are initiated, prepared or committed abroad provided that a …

What does Article 200 of the Penal Code say?

It is forbidden to employ persons under eighteen years of age or persons who do not have the capacity to understand the meaning of the act, in canteens, taverns, bars, night clubs, vice centers or any other place where their healthy physical, mental or emotional development is negatively affected.

Read more  Can I get PCC in one day?

What does Article 123 of the Penal Code say?

When the crime is committed by several persons in common agreement, if there is no violence to persons, the penalty shall be from six months to two years imprisonment and from thirty to one hundred and fifty days fine. If there is, the penalty may be extended from one to four years imprisonment and from fifty to two hundred days fine.

Criminal laws examples

Article 3 (Recognition of human dignity). All persons, whatever their position in the proceedings, and in particular the victim of a crime and the person to whom its commission is attributed, must be treated with the respect due to the dignity of the human being.

Article 5 (Prohibition of bis in idem). No person may be investigated more than once for the same act for which he has been prosecuted in the country or abroad, even if the legal qualification is modified or new circumstances are asserted, once a final judgment has been handed down.

Article 12 (Other applicable principles): The principles of orality, immediacy, concentration, procedural direction and impulse, equality of the parties, probity and organization of the process shall be applied to the criminal process. (*)

15.2 When these laws suppress existing crimes or reduce the penalty, they shall be applied to the facts prior to their entry into force. In the first case, they shall determine the closure of the process or the extinction of the penalty. In the second, only the modification of the penalty, insofar as it has not been fixed by an executed sentence.

When is a person considered guilty of committing a crime?

Crimes may be committed by commission or omission. There is a crime by commission when the agent, personally or using another person, performs the conduct described in the criminal norm, and there is a crime by omission when the subject fails to comply with the mandate provided in the norm.

Who can apply criminal law?

Criminal law is a means of control monopolized by the State. … Therefore, punishment can only be imposed by the State, i.e. criminal law is a means of control monopolized by the State. It is not concerned with the relationship between individuals but with the relationship between the sovereign State and individuals.

Read more  Why is my package in 2 weeks in customs?

What is the role of criminal law?

The function of criminal law, in particular, is to protect social peace by regulating the activities of human beings in society. Its mission is to maintain good relations between society through the application of rules imposed by the authority.

Spanish Penal Code

The Code of Criminal Responsibility of Adolescents is hereby approved as a comprehensive, systematic, autonomous and specialized norm on the subject of adolescents in conflict with criminal law, which as an annex forms an integral part of this Legislative Decree.

2. It is the obligation of the authority adopting a measure to evaluate the possible repercussions of the decisions adopted on the adolescent, expressly justifying how the best interests of the adolescent have been considered, as well as the criteria used for such decision and the weighing made against other rights and interests. The adolescent must be heard at every opportunity established by the Code, in any situation in which any decision that may affect him or her is defined and when so requested.

1. In the interpretation and application of all rules, preference shall be given to the meaning that optimizes the exercise of the rights of the adolescent. In the event of a conflict between two or more rules applicable to an adolescent accused of committing a crime or misdemeanor under the Criminal Code, the rule that most favors his or her rights, or the broadest or most extensive interpretation, must be chosen.

How much is the sentence for corruption of minors?

Article 208. – Whoever promotes, covers up, arranges or permits the carnal trade of a minor under eighteen years of age shall be sentenced to eight to twelve years of imprisonment and a fine of one hundred to one thousand days.

What does Article 159 of the Penal Code say?

Article 159

The defendant suspended from his profession or trade, or disqualified from exercising them, who breaks his sentence, shall pay a fine of twenty to one thousand pesos. In case of recidivism, the fine shall be doubled and imprisonment from one to six years shall be applied.

What is corruption of persons?

Corruption of minors is understood as the manipulation or abuse of incapable persons by the perpetrator of the crime, who makes the victim participate prematurely or obscenely in activities of a sexual nature that harm the development of his or her personality.

Read more  What is analytical review in auditing?

Manual de derecho penal peruano pdf

The term “merchandise” refers to all kinds of effects susceptible of being sold.The term “captain” includes any vessel commander or his substitute.The term “crew” includes all those who are on board as officers or sailors.The term “storage, filing or transmission” includes all those who are on board as officers or sailors.The term “storage, filing or transmission” includes all kinds of effects susceptible of being sold.The term “captain” includes any vessel commander or his substitute.The term “crew” includes all those who are on board as officers or sailors.

storage, filing or transmission.  The terms “signature” and “subscription” include digital signature, creation of a digital signature or signing digitally.  The terms “private instrument” and “certificate” include a digitally signed digital document.

(Section replaced by Section 16 of Law No. 27.610 B.O. 01/15/2021) (The term “…integral…” in the text of subsection 2) was amended by Section 1 of Decree No. 14/2021 B.O. 01/15/2021)SECTION 87 – It shall be punished with imprisonment from six (6) months to six (6) months.

SECTION 314. – This Code shall be in force as a law of the Nation six months after its enactment. (Section 306 renumbered as Section 314 by Section 10 of Law No. 26.733 B.O. 2011/12/28). (Section 303 renumbered as Section 306 by Section 5 of Law No. 26.683 B.O. 2011/06/21).

By Rachel Robison

Rachel Robison is a blogger who collects information on court filings and notices.