Acumulación de penas por delito de tráfico de sustancias estupefacientes y psicotrópicas citada en la resolución # 12 - 2015.

Abstract

The rule imposed by Resolution # 12 - 2015 issued by the National Court of Justice, in accordance with Art. 220.1 of the Comprehensive Criminal Code, where the person who, with an act, incurs one or more governing verbs, with narcotic, psychotropic substances or preparations containing them, different and in equal or different amounts, will be sanctioned with a custodial sentence accumulated according to the psychotropic, narcotic or prepared substance that contains it, and its quantity; penalty, which will not exceed the maximum established in Art. 55 of the COIP. Failure that is binding, and in practice is imposed up to forty years of custodial sentence, for an offense that has a maximum penalty of thirteen years, with no contest of infractions. It is for these reasons that the purpose of this investigation is to motivate and substantiate the unconstitutionality of Resolution # 12 - 2015. The methodology is qualitative, seeking to repeal Resolution # 12 - 2015, is structured with a content of topics and descriptions of the standard criminal procedure focused for the case in analysis, using the method of analysis - synthesis and inductive - deductive, applying the technique of documentary analysis of the standard and comments of specialists. As results achieved, the legal independence of the COIP is returned as regards the procedural principle of legality and sanctions inherent to drug offenses, in conclusion the constitutional principle of proportionality would not be contravened, thus prevailing the constitutional status of rights and justice.