Cuantificación jurídica de la pena en el procedimiento abreviado.

Abstract

The Special Abbreviated Procedure is applied by complying with the normative budgets established in the COIP, which include the agreement of a penalty that can not be less than one third of the minimum sentence provided in the criminal type. The main objective of the present investigation is to promote the reform to clause 3 of Article 636 of the COIP, since it does not specify the maximum penalty to be imposed. For this, it will try to base theoretically, doctrinally and jurisprudentially the methods or criteria for the individualization of the penalty; subsequently, the procedure for the quantification of the penalty in the abbreviated procedure will be determined. It is also necessary to study the constitutional principles of legality and proportionality. The Constitution of the Republic defines the competence of the law to establish proportional penalties, which translates into the power of legislators to establish punitive behavior and sanctions. In application of the principle of legality, the penalties must be applied to the literal wording of the criminal law, with this, the penalty or the range of punishment, which can be dosed by the judge, must be inserted and expressly expressed in the criminal legislation. Once the theoretical foundation has been made, the criteria for the quantification of the penalty and the study of the principles are known, the maximum penalty that can be imposed by the abbreviated procedure will be established. Finally, law will be developed compared with regional criminal legislation on the quantification of punishment.