La violación al derecho a la seguridad jurídica e igualdad en la aplicación de la absolución de consulta No. 953-P-CNJ-2019 de la Presidencia de la Corte Nacional de Justicia referente a la suspensión condicional de la pena.

Abstract

The Presidency of the National Court of Justice has the power to put the consultations made by the judges on intelligence and the application of the norms for the consideration of the Plenary Assembly itself, in order to generally issue resolutions. mandatory that they allow clarity regarding the application of a certain rule when it is ambiguous or obscure; However, many of the queries that do not reach the plenary session of the National Court of Justice are answered directly by the Presidency, as is the case of the acquittal of query No.- 953-P-CNJ-2019 dated December 10, 2019, where an analysis and interpretation of numeral 1 of article 630 of the Comprehensive Organic Criminal Code is carried out, where it is established that for its fulfillment the penalty must be understood in the abstract of the criminal type for which the person is sentenced and not the penalty in specifically for their conduct in a given case. In the present work, based on the qualitative investigative approach, taking as a basis doctrinal sources, jurisprudence, constitutional and infra-constitutional regulations, the legal value of the acquittal of consultation No.- 953-P-CNJ-2019 dated October 10 is analyzed and described. December 2019, to verify the effects of its application, since in it an erroneous interpretation of the consulted norm has been practiced, giving it a meaning that the legislator has not given to the first requirement of the Conditional Suspension of the Penalty, violating the right to equality and legal security of those sentenced in access to this legal status.